Being forced to sell by property developer

BlackButterfly737

I live in a share of freehold flat that is a converted house. I live on the 1st floor and my neighbours live on the ground floor. For personal reasons they have decided to sell, but to a hotel that has started purchasing all the property on my road. I live in Wembley!

It will be unbearable living with a hotel downstairs, also I will be unable to sell on the open market as most people would not like to live above a hotel. I like my 3 bed spacious flat and have spent a lot of money making it just perfect for my needs.

Do I have to sign the declaration of trust for the freehold over to the hotel? Can they legally operate a business from a residential property? If I decide to sell to the Hotel owner, will I have to accept less than the going rate?

I'm worried that I won't be offered a fair price for my freehold property. I want to remain in the area (I've lived there all my life), my family are local, but can't afford houses near by and there are limited 3 bed flats.

Advice please??

SquatNow

You can't be forced to sell... only induced with money.

The hotel owner would need to change the property use from residential to commercial. it is very unlikely they would be able to do that with you still living there.

Chances are the hotellier is planning to knock the houses down and build a proper hotel there.

Has the hotellier made you an offer? I would expect them to make a VERY generous offer. You can be a little greedy if most of the other properties have been bought up as he's already invested a lot buying the houses so far... an investment he'd have to throw out if he can't buy yours.

Explain to him that your house is perfect for you needs and that you'de need any offer to make it worth you leaving. Comment to him that obviously you'de object to any application to change the properties use classification from residential as it would badly effect your life and personal safety.

BlackButterfly737

I've had no offer yet. I got the usual fliers saying people were interested in my property, but nothing specific.

A similar thing has happened to a neighbour a couple of doors away. The hotellier has not declared the property as a hotel and has said it is family and friends staying there; however, all the visitors colourful football and rugby shirts tend to prove otherwise.

The neighbour is constantly in battle with guests banging the communal doors, coming in late at night totally inebriated. Her flat is leasehold, so she did not have to sign anything; the council says she has to prove it is not his friends or family!

I'm just concerned that the hotellier realises it will be unpleasant living above a hotel and hopes this will force me to accepting less than the market price.

lincroft1710

If he is a "hotelier" then it is highly probable he will be advertising somewhere - may even have website. If you know his phone no. get a friend to ring up enquiring about accom and record call. If he is running hotel/guesthouse depending on number of rooms there are very strict rules he has to adhere to.

bubblesmoney

buy the hoteliers 'guests' a drink etc and during the conversation see if u can get an admission that they are paying guests and not family. and use that admission as evidence with appropriate authorities to show that the property is illegally being used for commercial purposes. as to how to actualy gather that evidence for proof, there are various ways for audio and video recording. make sure u do all that in a legal manner.

alternatively use the hoteliers website to look for cheap accomodation in the area in question. see if these addresses show up as paying guest accomodation etc and use that evidence appropriately. best of luck

olly300

bubblesmoney wrote: »

buy the hoteliers 'guests' a drink etc and during the conversation see if u can get an admission that they are paying guests and not family. and use that admission as evidence with appropriate authorities to show that the property is illegally being used for commercial purposes. as to how to actualy gather that evidence for proof, there are various ways for audio and video recording. make sure u do all that in a legal manner.

Or buy them a drink and find out where they found the guest house details from.

BlackButterfly737

It's a bit more complicated than that!

Problem is he owns the legally registered hotel (terraced houses used as a hotel) at the top of my road. So he would offer accom, when guests arrive he books them into the property that he says is a family home.

He is currently trying to expand his empire and has purchased quite a few of the privately owned properties. My next door neighbour sold to him last month. Only three privately owned properties left, the rest around 8 are council owned.

bubblesmoney

get a friend or relative to book a room at that place on busy days where his hotel is full. then most probably he might be using these unofficial hotel rooms. then call local council authorities and any authority that regulates hotels and safety standards in them etc. obviously safety standards for hotels etc will be more stringent. ur property is at risk of damage caused by drunk customers using the unapproved hotel.

epz_2

inland revenue might be worth a call as well, if he is putting all these people through his books it should show up and if he aint then his woes have just begun.

SquatNow

It's worth noting that there is nothing to stop him renting the appartments out on short trem lets, but then there would have to be ASTs.

If he's running them as a hotel a quick call to the local fire officer will leave him with a big fine and an order to spend about 10k putting fire alarms etc in!

BlackButterfly737

Thanks for all your responses. I may have to take up a few of the suggestions! Getting ready to get myself wired up and a webcam installed in a flower in my lapel.

Seriously though, I just checked a copy of the lease and it states that the premises cannot be used for any purpose but a private residential residence. I quote what it says:

"...Not to use the Demised Premises nor permit the same to be used for any purpose whatsoever other than as a private residence in the occupation of one family only or for any purpose from which nuisance shall arise to the owners lessees and occupiers of the other flats comprised in the Building or in the neighborhood or for any illegal or immoral purpose."