local occupancy clause question.

jocarl011

Hi, Me and my family have been offered a property by a private landlord in Cumbria but the property has a local occupancy clause and we currently live in Devon where we have lived just 11 months, we are from Cumbria and lived and worked there all our lives up until last September when we moved to Devon. Will the clause affect us?
I understand the clause says you must have lived or worked in the area withn the last 3 years and we have just last year. The landlord just phoned me and said I have to write a letter to the local council explaining we have lived in Cumbria all our lives up untill 11 months ago and all our family ties are there to, But should this be needed?

Thanks in advance Carl.

G_M

The LL clearly is conscientious!

He does not wish to risk breaching the occupancy clause by letting to someone who does not qualfy to live there.

If all he wants is a letter stating the facts, what is the problem>

Fuzzyness

its probably a condition on the planning permission for the house. without doing as the LL asks you may be in breach of the condition with the ultimate sanction that if found out you'd be evicted. it doesnt sound onerous and if you wanted the house i'd be inclined to do as asked.

theartfullodger

You & Landlord can sign a legally binding tenancy agreement to rent the place, no worries, not impacted by any planning constraint or local occupancy clause..

However, you and/or landlord, if you are deemed not to satisfy the local occupancy clause, may be in breach of said clause.. and ultimately the landlord may (perhaps have to,..) evict you.

Suggest you write to Cumbria council (??) and explain & try & sort it out before you move in/sign the deal..

jocarl011

I have spoken to Cumbria Council and they tell me because I have not lived in the area for the whole of the last 3 years I have to write a letter to them stating why I moved to Devon n the first place, Any addresses I lived in Cumbria, any family in the area etc. It will then go to a review board who will most likely allow the tenancy to go ahead given my strong ties with the south Cumbria area and having lived there my whole life up until Last September!
It seems odd how I have to do this despite being from the area my whole life with all my family still there! I have only lived away 11 months :-(