Rules on Entry/Exit to properties

Comms69

lincroft1710 wrote: »

And the possibility of a separate Council Tax band on the tenant's accommodation with the tenant being responsible for paying the CT

Possibly. There was another thread today which made me question that (which I would normally agree with) - it's the LL taking half the garden thread where someone posted an interesting link as to HMO classification in terms of council tax.

eddddy

Alz1986 wrote: »

I have 2 doors whereby occupants can enter or exit the flat but currently as per council request we only use one of these entrance/exits.

What do you mean by "request"? How did they make the "request" and what did they say?

Alz1986 wrote: »

I don't want to do anything under the nose of the council who are the main landlords,

• Do you mean you are a council tenant?
• Or perhaps a tenant of leaseholder, whose freeholder is the council?
• Or perhaps the leaseholder yourself?

If, for example,

• you are a council tenant and your tenancy agreement says you can only use one door - then you can ask the council for consent, but they might not agree

• you are a leaseholder - then you need to check the terms of your lease.

lincroft1710

Comms69 wrote: »

Possibly. There was another thread today which made me question that (which I would normally agree with) - it's the LL taking half the garden thread where someone posted an interesting link as to HMO classification in terms of council tax.

The garden aspect in the other thread was a complete non starter as the loss of part of the garden would not affect the CT band.

If there are now 2 self contained units (as defined in CT legislation) in the OP's property, and they are occupied separately, then HMO does not apply.

Comms69

lincroft1710 wrote: »

The garden aspect in the other thread was a complete non starter as the loss of part of the garden would not affect the CT band.

If there are now 2 self contained units (as defined in CT legislation) in the OP's property, and they are occupied separately, then HMO does not apply.

Thanks, I only glanced at it. Meant to go back and look.

Alz1986

I can see them also having concern that you may be subdividing the flat.

Yes and something I dont want. The idea is to rent the spare room while they have access using seperate doors as I dont really want tk see them around my own space.

Does the flat lease state which door(s) to your flat can or cannot be used. If not, it is difficult to see how the council as the freeholder can insist on which door(s) you use or do not use.

Council's ALMO are the landlord so im a tenant. Our tenancy agreement says nothing about entry /exit. Just a bog standard rule on obstructions and fire safety hazards to be kept removed.

What do you mean by "request"? How did they make the "request" and what did they say?

The request was made about 25 years ago, I was too young to understand who was who tbh.

EachPenny

The most likely cause of objection I could see is if the second door was designed/designated as a fire exit.

On that point OP, is the flat all on the same level, or do you have internal stairs to access part of it?

I could see the council having concerns that even an informal subdivision (i.e. any kind of barrier between one part of the flat and both doors) would hamper exit in the event of a fire.

Asking people not to use the second door could be a way of preventing such subdivision.

Alz1986

All on the same floor and we would still be able to access it as it will be shared area.

Trying to work out if there is a policy on tenants making use of both entry and exits. I dont want to subdivide the flat or classify it as self contained as it seems complex, in any case I am a tenant myself so not sure if "self contain" is doable.

CarrieVS

OP, I realise this is incidental to your question, but if in pratice you and the person staying in your flat have completely separate facilities and living spaces, then it's highly likely that they are not a lodger but a tenant. If that's the case, they have additional rights and you have additional responsibilities.

It may not actually matter if, for instance, you have both signed an agreement that states that the property includes shared areas, if you have a verbal agreement that you will use one kitchen, bathroom, and living room and they another.

Do you actually share any areas, not just on paper?

00ec25

Alz1986 wrote: »

Yes and something I dont want. The idea is to rent the spare room while they have access using seperate doors as I dont really want tk see them around my own space..

don't you see that the rule is there to address precisely what you want to do - which is to go back to having two completely separate flats.

as many others have already said, you cannot claim they are a lodger when the reality is they have a self contained flat, with their own cooking and washing facilities with their own entrance.

Nothing wrong with that, but please do not call them lodgers, legally they will be tenants. Their property will be liable to its own council tax (which they will have to pay, not you), and you will be taxed on the basis of having a tenant, not a lodger. So no, you cannot claim rent a room allowance.

your scheme is starting to unravel....

Alz1986

We'll be sharing some areas, mainly toilet.

I cant find anything which says I as a tennant in a flat should only be restricted to one entry or exit.