A LANDLORD has lost an appeal to continue letting a property as a shared house because there are too many others nearby.

Laura Dwyer-Smith, the owner of 9 Adams Close, Brighton, was served a planning enforcement notice on the property on those grounds last year.

But she continued to let out the house, despite not having the necessary planning permission, and appealed against the notice to the government’s planning inspectorate, Brighton and Hove City Council said.

The appeal has been dismissed and it is now an offence for her to continue to use the property as a shared house for rent.

The property was still being advertised to future tenants but these have now been withdrawn.

Councillor Julie Cattell, chairman of the council’s planning committee, said: "This recent decision enables the council to prosecute the landlord if the terms of the notice are breached. Last year, two other appeals were dismissed in the same way. It is very good news our local planning decisions are getting government backing."

From April 2013 anyone wanting to set up a house in multiple occupation (HMO), for three to six individuals who are not related, in the council wards of Hanover and Elm Grove, Moulsecoomb, Bevendean, Hollingdean and Stanmer, St Peter’s and North Laine and Queen’s Park faced restrictions. Landlords now to get planning permission as well as an HMO licence. Planning permission has always been needed for houses with more than six people.

Lettings agents have a duty to tell tenants about the planning permission of a property.