Builder wants to do work for accomodation

Laura_g

Hi,

Am hoping that someone on here can give me some advice as to whether what has been proposed to me is allowed, and if it is, what the potential pitfalls are?

I am currently trying to sell a flat that I own with someone else. There's been a bit of interest but nothing serious, and of course now it's coming up to winter. The other owner is convinced this means that we now won't sell until next spring. The flat is currently empty as we've both moved on, but we are still both paying the mortgage.

At the moment the flat is a 2 bed maisonette, but with an additional loft room. This can't be classed as a bedroom though as the original staircase (we don't have any paperwork to prove it) is too steep.

The other owner has found a builder that is relocating from Cornwall to Bristol and is looking for short term accomodation. He has said he will replace the stair case with a building regs compliant one if he and his girlfriend can stay in the flat rent free for 3 months.

We don't have consent to let on the flat as its always been a home, and given we are now selling I don't want to get in to new terms with the mortgage company.

Would this count as letting? Or would it be justified that he is staying there while completing the work? Does it make a difference that his girlfriend would be staying?

And is it all just a scam?? Once they are in could they just squat it? The other owner found this guy through and advert on gumtree and I can't help being a bit suspicious! What do I need to look out for and is there anything I can do to protect us if we go ahead?

Thanks for any advice you can give,

Laura

tonyh66

thats crazy..... you think some stranger found on Gumtree its going to be legit?
Your last paragraph says it all, AVOID at all costs, you have been warned.

missile

He could be a genuine bloke and a good builder who does an excellent job, but I would not do it. Your co-owner (ex BF?) may have found a great deal, unfortunately this could prove difficult if you say no.

AFIK putting in a stair with view to developing the loft does not normally require planning approval but does require building cotrol > http://www.planningportal.gov.uk/permission/commonprojects/loftconversion/
If you do it without, this may create an issue for prospective buyers.

Do you think having a third bedroom is a selling feature? You may wish to get some plans drawn up and an estimate for the work. I recall Phil Spencer did this on one of his TV episodes.

If it were me I would put a link to the property on here and invite comment / change agent / reduce the price to get shot asap.

Please let us know, I will be interested to hear how it works out for you.

G_M

:rotfl::rotfl::rotfl::rotfl:

Sorry but.....

Even if this is NOT a scam, and they guy is genuine, yes, you will be a landlord. Just because you receive your rent in the form of labour does not mean it is not rent.

You'll need to change your insurance. Get consent from your mortgage lender. Pay tax. Get a gas safety certificate.

Read here.

Oh - and you'll be unable to even start the eviction process for 6 months if he does not leave, and the process could take 4 + months so he might be there for nearly a year!

A complete stranger off gumtree? :rotfl:

Laura_g

Thanks for the feedback all!

That's what I thought, but I wanted to get some second opinions to be sure.

The flat would sell easier as a 3 bed as its a popular area with students/ young professionals so would then appeal to BTL. At the mo it's a slightly overpriced 2 bed with an extra massive loft room, but which can't be sold as an extra bedroom. At the time we didn't mind as we only wanted it as a guest room and we valued the extra space given we couldn't afford anything bigger. That was right at the peak of the market and of course everyone's getting more picky about what they get for their money.

Rightmove appears to be having a tantrum so I can't put a link on, but of you search for 2 bed flats in BS7 9AJ it should come up. We reduced the price from 225 to 215 about a month ago and changed agents at the start of the summer.its been on since may and has had about 25ish first viewings and a few seconds but there hadn't really been any constructive feedback, just that people were only at the start of their searches.

I understand the logic that if it's sat empty we could get the stairs done, but I'm not sure about someone we don't know, especially off the Internet!?

Fire_Fox

http://www.rightmove.co.uk/property-for-sale/property-23717361.html?premiumA=true
Lovely apartment. What are you comparing to when you say 'slightly overpriced' - for sale or land registry sold prices? What are the HMO regulations in your area, a three bed over two floors could fall within that so you might need to make the flat comply for it to be an attractive student BTL.

Have you informed the freeholder that the flat is empty so they can make any adjustments to the buildings insurance policy? What are the qualifications of this builder, what professional body is he registered with and have you checked that out? Yes you would be a landlord so yes you would need consent to lease, register for income tax, comply with reams of landlording legislation.

What do you mean by original staircase, looks like a conversion to me? Are you sure only the staircase needs doing to make the room compliant with building regs, have you checked with the council? Why doesn't it say anything about building regs or the staircase issue in your Rightmove listing?

ETA: would not need to be registerd as an HMO if three beds.
http://www.bristol.gov.uk/page/houses-multiple-occupation-hmo-licensing

Laura_g

thanks for the feedback all, apologies i've already moved in to my new place, but that doesnt have internet yet so my replies are a bit sporadic!

In answer to your question re the stair case, apparently the houses were all built originally with a small loft room, and then over time people have extended them in to rooms the full size of the loft/ with dormers etc. To be fair im only going off what the surveyor said to us when we bought, and local builders.

It doesnt say anything about the building regs in the right move listing because the loft room isnt listed as a bedroom, there are 2 'proper' bedrooms on the first floor. That's why we've been advertising as a 2 bed rather then the 3 bed it could potentially be if we redid the stairs. Thats also the reason its expensive vs other 2 beds - because there is all the extra space of the loft room so it technically has 2 large receptions, but every expects to be able to use it as a bedroom when it isnt legally so.

I did mention to the other owner about other potential building regs, getting a building inspector in etc and that seems to have put him off looking further in to the matter It looks like now its not such a potential quick win then the excitement has worn off, phew!

thanks for your help folks. Fingers crossed it sells soon...

Fire_Fox

Stairs alone don't make it is legal bedroom if you don't have building regs or something else convincing to show it is not an illegal loft conversion. The windows are supposed to be sited just so and the floor properly supported for example. If it needs more than just the stairs doing really it should be priced as as two bedroom with great storage because lenders and surveyors won't see it as buyers do.