There is concern in some quarters that asylum seekers awaiting processing may have to be dispersed from hotels into other forms of accommodation, including private rental HMOs.
The high profile, temporary High Court injunction blocking asylum seekers from being housed in The Bell Hotel in Epping was granted on the basis of planning regulations.
Faraz Baber, chief operating officer of planning consultancy Lanpro, says the decision was framedas a local issue but has at its heart a technical argument about change of use, and with it wider issues for the government, local authorities and the property market.
He explains that hotels are categorised as C1 Use Class under the Town and Country Planning (Use Classes) Order 1987. They are designed for short term stays, typically booked nightly. Long term accommodation is outside this definition, and would usually require a change of use, with prior approval from the local authority.
He continues: “In theory such change is possible. In practice, it is a lengthy and contentious process. Applications can take months to progress and in cases involving asylum accommodation, public objection is virtually guaranteed. That is why the ruling in Epping Forest cannot be seen in isolation. Many other hotels are currently being used in similar ways, and now they too are likely to come under scrutiny. What was once a local dispute risks becoming a national planning flashpoint.”
Baber suggests that one alternative for the government would be to disperse asylum seekers into HMOs, but that obviously means individuals end up spread through residential neighbourhoods, including properties rented room by room. “That can create more disruption, not less, and presents significant challenges for local authorities trying to manage both housing needs and community cohesion” he notes.
And he says the situation is made more complex by the Renters Rights Bill, expected to become law within weeks.
”With many private landlords considering exiting the sector, the prospect of guaranteed long term tenancies funded by government could be attractive. This creates the risk that the shortage of rental supply becomes entangled with the pressures of asylum accommodation, with planning law struggling to keep pace with social policy.”
Baber suggests the only long-term way of avoiding what he calls “a patchwork of injunctions” is to change planning law: specifically the Secretary of State – Angela Rayner – could move to amend the Use Class Order to allow hotels (C1) to be used for longer stays without requiring a change of use.
“That would provide clarity and consistency for local authorities and operators alike” he suggests, although even this would take some time to enact once Parliament returns from its summer break in two weeks’ time.
This article is taken from Landlord Today