Council tenant rights to building a lean to

cyberfruits

Hi

The council claims that we are not allowed to have a standard

wooden lean to at our house because we did not ask for

permission.

They are coming to talk to us about it soon.

If the worst-case scenario happens and they ask us to take it

down, how long will they have to give us and would they have

to take us to court, to order us to take it down if we say no?

Or they allowed to just take it down them selves?

We are going to move on the end of the year and just need to

get enough time till then. My wife and i are disabled and she

suffers from mental health as-well and the previous housing

officer said no permission was needed, but we have that sadly

not in writing. we live in wales uk.

thanks

Davesnave

I think speed of action would depend on whether this lean-to affected anyone else living nearby, or if it posed a threat of some kind, such as being built in an unsound way. However, I'm just guessing.

Presumably, the council know you will be moving on, and you know that they'll require you to return the property in its original state, so between you, it's possible that some arrangement can be made. Councils know how to drag their feet when they wish.

If the council's officer thinks the structure is likely to be left in an unsatisfactory state and cost them scarce funds to sort out, he/she is far less likely to be sympathetic.

Pandora_Box

Assuming it's not considered dangerous, when they come, just tell them you wish to appeal, to the upper management, any order to take it down, as is your right.

Appeals etc., generally take ages to resolve, by which time you intend to move on, so are obliged to take it down anyway.

Time itself will solve the problem.

theartfullodger

What do the terms of your tenancy agreement say on the matter, please?

Do you have any proof (letter, email, witness, your scribbled note from when he hold you...) from previous housing office of his permission?

Best wishes

cyberfruits

Hi


Ok thank you, fair enough,but what can or could they do if we refuse, the tenancy agreement says we need permission, would they have to take us to court?We got no proof from previous housing officers as this was a verbal conversation

lincroft1710

If you refuse to remove the lean-to, the worst case scenario would be that they evict you for not abiding by the rules of your tenancy.

teddysmum

lincroft1710 wrote: »

If you refuse to remove the lean-to, the worst case scenario would be that they evict you for not abiding by the rules of your tenancy.

This situation could be a problem if you are moving to another council property.

cyberfruits

Eviction can only be done through a court i believe, is this correct? a friend of mine had a problem with a private landlord because he refused to do repairs my friend used rent to do repairs and it took a year in and out of court, so if it is the same with the council that would be ok, as i said we are moving out not council and there is to much stuff including plants in the lean to to move just right now. i am happy to fight the eviction on the grounds i was told i could (my son was a witness) and who knows the court may side with me any way,they are not in the habit of making people home less i have heard

lincroft1710

I did say it was the worst case scenario in reply to you asking what could the council do. They could demolish the lean-to and send you the bill for the demolition. Your son is hardly an independent witness, so don't rely on his testimony as helping your case if it ever got that far.

Possibly if you sign a document agreeing to remove the lean-to and make good any damage before you leave the house, a reasonable council may not take the matter any further.

TheGardener

Fairly straight forward: If its not of sound construction or presents any kind of risk (fire/falling down on you) then they will expect it to be removed - if you don't do it within an agreed timeframe - they will do it and send you (quite rightly) the bill for its removal. The costs of maintenance and repairs to council homes comes from everyone's rents so if you don't do it then you are effectively expecting your neighbours to pay for its removal.

Why are you so keen to keep it given you are leaving anyway?
What you probably don't want to jeopardise it a good reference from your current landlord - getting threatened with eviction or been served any sort of notice of works isn't a great idea if you plan to move on maybe?

cyberfruits

there is to much stuff including plants in the lean to to move just right now we got no where to put it,we are moving to our own home but not till December. we got no where to put the plant and they are helping my wife with her mental health problems. She sufferers from Anthropophobia (fear of humans) Anxiety depression.
Them harassing us is no good but if i can keep them away from the home is good and does do no harm.
we are not made of money and we can not just throw thinks away and if they damage our property in the lean to we can sue just as well.