Living in commercial property? possible??

markjameswhiteman

Hi there,

Wondered if anybody knew if it was possible to live in commercial property? I noticed they are considerably cheaper than residential properties and, being young, wouldn't mind the inconvenience if it meant I could get on the property ladder sooner and live somewhere a bit unusual.

Mark

Jowo_2

If you are keen to save money and don't mind living in non-residential property, then consider becoming a live in property guardian. These property management companies, such as Camelot, are paid to protect empty properties (commercial and residential) and offer cheap rent to the guards who occupy them to deter squatters.

http://uk.cameloteurope.com/27/2/available-now-%3E-click-here!/current-availability-%3E-apply-now.html

As far as I'm aware, a landlord cannot issue a tenancy agreement for a commercial property. Commercial property contracts will invariably forbid the commercial tenant from living there. Commercial properties may very well lack facilities that a person needs, such as use of a shower and kitchen.

neverdespairgirl

Apart from all the other issues, you'd have to pay business rates. Which are much, much more than council tax, pounds per square foot in some places.

PasturesNew

When you see the price for residential property, it's either for a lease of limited time, or a yearly rent. You're not buying like-for-like at all.

And no, you can't live in commercial property.

theartfullodger

markjameswhiteman wrote: »

Hi there,

Wondered if anybody knew if it was possible to live in commercial property?

It is clearly possible: Think you meant is it allowed...

Probably depends on the planning restrictions... and how flexible the Landlord is feeling: (If he can't rent it out the usual way he'll be feeling very flexible...).

Not so sure about Jowo's remark...

As far as I'm aware, a landlord cannot issue a tenancy agreement for a commercial property.

Case law has established that regardless of what it says in any tenancy agreement, if LL grants T exclusive right to live somewhere (a room in a multi-occupancy house without resident landlord, a flat, a house...) then there is a residential tenancy in place: These days in Engerland&wales that means an AST.

That the landlord has broken some other law/restriction/regulation/covenant is his (other) problem, but I think Tenant could stay until removed the only legal way (notice2quit after 6months from start of tenancy, court order 4 possession, bailiff carries you out).

Cheers!

Artful

theartfullodger

This might be worth a read...
http://www.landlordzone.co.uk/forums/showthread.php?t=31473

Just a thought: If you could open negotiations on a commercial basis "! want somewhere to work from with office space..." then later ask "could i use the rest to live in".. might be worth a try???(If there were some truth in it//....)

mostlycheerful

Yes, lots of people live in commercial property. Even if it’s brought to their attention most councils ignore it and look the other way. Recently there was a chap in south London who had 10 African drummers and artists and various alternative eco type people living in a warehouse for several years and the council knew all about it and actively supported him and the set up due to his good social works and happily did not apply any of the housing laws at all. So, yes indeed, it’s very doable and you’d have to be unlucky to get a jobsworth twit trying to make a nuisance of themselves about it. It’s only ignorant people talking in the abstract who know nothing about the subject who incorrectly guess and theorise that’s it not doable when in fact actually in the real world it’s going on everywhere all the time. Good luck.

marzug

Artful mentioned caselaw here, which case are you ref. to?

I have a problem now that I have just signed a company let standard AST for a property which was advertised as a flat, aslo in the contract it says the standard things like you are liable to pat council tax etc etc..now after signing the agent tells me btw..the landlord has just forwarded us your business rates which you are also liable for..an extra £650 per month!!

The property has bathroom kitchen etc..is bascially a flat but classified as a commercial property with the council..now that the landlord and agent has mislead me what can I do I really like the property and would like to keep it do I have a case if this goes to court and do I have to pay business rates now or can I just pat council tax, the property is purely for residential use...Thank you for any comments and help this is a urgent matter!

theartfullodger wrote: »

It is clearly possible: Think you meant is it allowed...

Probably depends on the planning restrictions... and how flexible the Landlord is feeling: (If he can't rent it out the usual way he'll be feeling very flexible...).

Not so sure about Jowo's remark...




Case law has established that regardless of what it says in any tenancy agreement, if LL grants T exclusive right to live somewhere (a room in a multi-occupancy house without resident landlord, a flat, a house...) then there is a residential tenancy in place: These days in Engerland&wales that means an AST.

That the landlord has broken some other law/restriction/regulation/covenant is his (other) problem, but I think Tenant could stay until removed the only legal way (notice2quit after 6months from start of tenancy, court order 4 possession, bailiff carries you out).

Cheers!

Artful

carefullycautious

marzug wrote: »

Artful mentioned caselaw here, which case are you ref. to?

I have a problem now that I have just signed a company let standard AST for a property which was advertised as a flat, aslo in the contract it says the standard things like you are liable to pat council tax etc etc..now after signing the agent tells me btw..the landlord has just forwarded us your business rates which you are also liable for..an extra £650 per month!!

The property has bathroom kitchen etc..is bascially a flat but classified as a commercial property with the council..now that the landlord and agent has mislead me what can I do I really like the property and would like to keep it do I have a case if this goes to court and do I have to pay business rates now or can I just pat council tax, the property is purely for residential use...Thank you for any comments and help this is a urgent matter!

:eek: How in dogs name did they mislead you about this

Annisele

I'm also confused as to how they managed to mislead you about that!

You'd probably be better off starting your own thread. (I know that's frowned up for new users on other places on the t'internet; not here). When two problems end up in the same thread, people get confused and end up answering the question some other guy asked 18 months ago instead of the question you asked today.

alansking

Hope this helps you

from what you say you appear to be staying in a flat which is attached to a commercial property, the following may help.

do you have use of the commercial space of the building and if so what are you doing in it, if you are running some sort of business then you can register as a small business with the council and claim small business rate relief. if you are only using the living area then you should have a seperate rates bill for the living area which would be as per any normal house etc and would fall into one of the normal bands.

if living and occupying the living space only you can legally argue that you have no use of the commercial space and as such are liable only for the rates for the living area, contact you council for help in this area, it could well be that your contact is wrong, I would suggest that if you have hired the property via a normal lease agreement then you will be protected under law and the enforcement team from the council can assist you.

I live in a commercial property and have a flat over the commercial part of the bulding, i pay band A for my home and my rateable value is £6300 which means my rates would be about £2500 per annum, I claim relief as a small business as I have a small business making some parts for model planes, this is very part time as I work full time, my rates have been adjusted and as such I pay about £20 per month, the rate relief is also tied into where you live.

my first port of call would be a visit to your local councils housing department with the contract as it may well be incorrect and thus unenforceable, many "landlords" act outside the law and they need to be brought into line, even something as simple as heating and certificates of complience could mean that your landlord and his lawyer are in the wrong.

hope this helps.