106 Ringstead Road, LONDON, SE6 2BS

Authority: London Borough of Lewisham
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Whalley J

Main issues, as the Inspector framed them

Whether the property was in lawful use as a House in Multiple Occupation (C4) prior to 19 January 2024 when the Article 4 Direction came into force

What decided it

The contradictory contractual clause in the tenancy agreements denying HMO status, combined with discrepancies in the rent payment records and lack of tenant corroboration, meant the appellant failed to discharge the burden of proof on the balance of probabilities that lawful C4 use existed before the Article 4 Direction came into force.

Framework references: 006

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