Is a block of residential flats a commercial property?

JennyP

I own a flat in a block of 8 flats.

I let out my flat, as do a couple of the other flat owners, but several are owner occupied.

There's been a rat problem on the premises so one of the owner occupiers contacted the local council. They won't help as they say it is a commercial property. This doesn't seem right: surely a commercial property is one used for business purposes not one used for living in! even if some owners are non-resident landlords?

HappyMJ

Not unless you pay business rates and I really doubt that. You would most likely pay council tax on your flat therefore residential.

You should however contact your freeholder who will organize something and deduct the cost from your service charges.

It isn't the council's responsibility to remove a rat infestation from private property. That's up to you via your freeholder.

My council states this on their website....

"The council does not have a statutory duty to carry out the removal of pests but we will offer advice and guidance."

cattie

I'm in agreement with you. As each flat is a separate residential dwelling with each flat paying their own council tax I can't see how they can say it's a commercial building unless the flats are situated over commercial premises.

If you are coming up against a brick wall with the council then try contacting your local mp as often intervention by them brings a satisfying result to an issue.

JennyP

We all own the freehold so need to deal with it ourselves.

Lunchbox

JennyP wrote: »

We all own the freehold so need to deal with it ourselves.

The council will come out and deal with individual council-tax paying properties separately, at a cost to each property owner. If you want the whole building including communal areas dealt with you'll likely need to call a commercial pest control company.

G_M

I suspect the council is (unhelpfully) being loose in its interpretation of 'commercial'.

They mean that unlike a freehold residential house, this is a block with a freeholder leasing out units (OK, residential units, but nonetheless....).

But debating the definition of 'commercial' is pointless.

As HappyMJ points out, councils have no obligation to deal with this, whether 'residential' or 'commercial' - if they DO offer help, it is their choice, not their legal obligation, so they can restrict the help offered how they like.

If the leaseholders also own the freehold jointly, you need to brig it to the next freeholder meeting and deal with it.