Enforcement Notice: LL Did Not Have Planning Permission

[Deleted User]

I currently live in a flat on an industrial estate, into which I moved in September last year. The building is a mix of offices and flats. I've just opened a letter from the council informing me that the owners don't have planning permission for changing from office use to residential.

I had absolutely no idea. I saw the property advertised for rent and moved in on good faith, paying a deposit and signing a year-long tenancy agreement as per usual.

Obviously I need to get some legal advice, but while I wait for a time I can actually do so, I wondered if anybody might have some insight on this. The notice takes effect next month, after which the landlords have six months to comply and cease using the building for residential use. This notice will run its course before my contract is out.

Thanks in advance.

silvercar

Initially this is not your problem. Your contract is with the landlord.

Your landlord may offer you money to terminate early or he may negotiate with the council.

G_M

Pass the letter on to your landlord otherwise how will he know?!


Start looking for a new property. There's obviously no rush as you'll have till August (6 months from next month), which is virtually when your tenancy ends anyway (September).


Discuss Early Surrender with your landlord if/when you find a new place. I'd expect you to be in a strong position to agree ES terms given the LL's posiion.

davidmcn

The landlords will have the opportunity to make a retrospective application for planning permission (assuming they haven't previously done so) before any enforcement can take place. I wouldn't expect much to happen any time soon.

[Deleted User]

The landlord knows; the notice included a list of everyone who's received it.

Ideally I'd like to withhold rent to enable me to save for moving and for the sheer inconvenience of it all, but I suppose our contract still stands, regardless.

[Deleted User]

davidmcn wrote: »

The landlords will have the opportunity to make a retrospective application for planning permission (assuming they haven't previously done so) before any enforcement can take place. I wouldn't expect much to happen any time soon.

Yeah, there's scope for appeal. The notice does state however that the council doesn't consider permission should be granted, and lists the reasons why not.

billymadbiker

Have you been paying council tax?

G_M

Power_Kitten wrote: »

The landlord knows; the notice included a list of everyone who's received it.

Ideally I'd like to withhold rent to enable me to save for moving and for the sheer inconvenience of it all, but I suppose our contract still stands, regardless.

Good grief! How often do we have to hear from tenants looking for an excuse not to pay rent in return for housing they have been provided!


Yes, ideally I'd like a lot of things - not to pay income tax. Not to have to pay for the petrol in my car, but sadly when we buy things, or sign contracts agreeing to pay for things, we are expected..... to pay as agreed.

anselld

There is permitted development right for change of use from office to residential. However it is subject to prior approval which is presumably what the L failed to do.

The existence of PD rights should mean that retrospective approval is much more likely unless there are other serious environmental factors. Even if planning is denied the L can go to appeal which takes nearly a year. So don't panic yet.

roger196

G_M wrote: »

Good grief! How often do we have to hear from tenants looking for an excuse not to pay rent in return for housing they have been provided!


Yes, ideally I'd like a lot of things - not to pay income tax. Not to have to pay for the petrol in my car, but sadly when we buy things, or sign contracts agreeing to pay for things, we are expected..... to pay as agreed.

Is the position as straightforward as this?
The question to be asked is to what extent is a contract tainted by illegality ( not having p/p for residential use) enforceable.

G_M

roger196 wrote: »

Is the position as straightforward as this?
The question to be asked is to what extent is a contract tainted by illegality ( not having p/p for residential use) enforceable.

Well the OP could stop paying rent and wait for a S8 Notice.

Then he could come back and tell us whether the court granted the LL possession under ground 8 (or 10) or not......