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What constitutes "Living" in a house?

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  • Seems like part of the problem is that it clearly isn't operating as a holiday let. No wonder they think you live there if they have come to view a holiday let only to discover you're there and have been spending all your time there, including overnight stays.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    vet8 wrote: »
    We have converted a building into a holiday let as that was the only planning approval we could get.
    Does anything more need to be said?
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In the context of restricted planning consent for a holiday let, the issue is surely whether you actually rent out the property for holiday use, and for how long.

    The question of whether you also spend some time there is secondary, for you are probably not excluded from using it temporarily, provided the primary purpose is fulfilled during the main holiday periods.

    Councils have varying numbers of properties with restricted occupation clauses and a limited ability to check them all. Perhaps a neighbour may have dropped you in it. Certainly, where I am, council staff do not go out of their way to uncover the abuse of similar planning restrictions, as if they did, they'd be overwhelmed!
  • Okay...can someone explain to me why a Council would approve a house as a holiday let, but not as a year-round "home" please.

    I'm not following the logic of why a Council would do a partial approval on a place - rather than total approval on the one hand or no approval at all on the other hand.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    edited 8 May 2015 at 8:18AM
    Okay...can someone explain to me why a Council would approve a house as a holiday let, but not as a year-round "home" please.

    Usually, it's in a place where they don't want to encourage building, such as places of scenic beauty, but where the conversion or replacement of existing buildings would benefit the local economy via the tourist trade.
  • Davesnave wrote: »
    Usually if it's in a place where they don't want to encourage building, such as places of scenic beauty, but where the conversion or replacement of existing buildings would benefit the local economy via the tourist trade.

    Ah:T I see. That explains a house for sale near me that has been puzzling me by stating in the particulars that its only able to be lived in for about 10/11 months of the year. I was puzzling myself as to whether they expected people to buy it as a home and then keep very quiet about the fact they were living there for that odd few weeks as well (difficult to do when in an area where half the conversation when meeting people around here is swopping notes about whats happening in various nearby places:rotfl:).
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    Ah:T I see. That explains a house for sale near me that has been puzzling me by stating in the particulars that its only able to be lived in for about 10/11 months of the year.

    Yes, that's an occupation restriction clause quite common in your area. It allows retired folk to buy these properties and then go to Spain for 6 - 8weeks in winter time.

    Not exactly onerous, especially when you consider the weather in January/February. :rotfl:
  • Ozzuk
    Ozzuk Posts: 1,884 Forumite
    Eighth Anniversary 1,000 Posts
    I'm pretty sure you also need a commercial mortgage if it is classed as a holiday let (assuming you need a mortgage). I know I did anyway. Council didn't care that we lived there, but we had 3 lets and only lived in one so we could use caretaker arguement. We were supposed to vacate for a few weeks Feb/March but just kept our heads down and it was never an issue.
  • slopemaster
    slopemaster Posts: 1,581 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Okay...can someone explain to me why a Council would approve a house as a holiday let, but not as a year-round "home" please.

    I'm not following the logic of why a Council would do a partial approval on a place - rather than total approval on the one hand or no approval at all on the other hand.

    Also because of pressure on local services such as schools
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Okay...can someone explain to me why a Council would approve a house as a holiday let, but not as a year-round "home" please.


    You are right, it is basically stupid. But there is so much about the planning system that is stupid.
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