A different dilema!

diddly74

Hi guys

Some of you know me, many don't but I've got a rare and worrying problem.

Back on 1 Nov 2022 my family and I moved into a lovely 5 bed house. Rented from a guy who was going to be working away from the area for the next 4 years (thru an Estate Agent) so we were happy that this place would be for the long term.

He said we could have free reign to decorate as we wanted and both my daughters were happy to have larger bedrooms.

Earlier this week a letter came hand delivered thru the door, I didn't look to see who to as I was opening lots of post, and it turned out to be from the council informing him that he had until the 5 May 2023 to put back to original the roof where he had extended into the loft space creating the 5th Bedroom and ensuite.

Firstly we were floored - Unlawful Extension?????  Planning declined 2020????? !!!!!!????

Anyway - I do not have direct access to contact my landlord and have informed the Estate Agent, Lettings Manager and she has forwarded it to the Property Management Team to investigate.  I have also emailed the Planning Officer as I am concerned about what this means for me.

So in the name of gathering information - is there anyone out there who has experience or knowledge of how this affects me and my family?  Any Legal Eagles?? 
How does the fact that the extension is unlawful and if not returned to original will result in legal action.
Our tenancy does not end until 29/4/2023 and he has supposed to have completed the works by 5/5/23 - Are we going to have to move out early?  If so how does this affect our contract?  Do I have any come back?  Do I start looking for a new home AGAIN?  Questions, Questions???

And

If I contact a solicitor what sort of things do I need to know????

Thanks in advance 

MikeJXE

I'm no expert but it's nothing to do with you no it'' best if you say no more 

silvercar

The only thing it tells you is that your contract is unlikely to be extended.

Everything else will be for negotiation between the owner and the council. In the owner's shoes, the first thing I would do is apply for retrospective planning permission.

elsien

MikeJXE said:

I'm no expert but it's nothing to do with you no it'' best if you say no more 

Of course it’s to do with them. They live there. In a five bedroom house which shouldn’t be a five bedroom house. With potentially some building work going on around them. I’d be concerned as well.

ProDave

What were you doing opening the LL's post?  Or was it addressed to "occupier" or similar?

I would write to the council explaining you are the tenant, and give them the landlords address as the owner and tell them that is who they should discuss the issue with.

If work has to be done it is the landlords responsibility to arrange alternative accommodation if you have to move out.

dimbo61

If your happy with the house ask for a new 2 year contract ASAP  at the same rent of course or discounted if possible and when the council comes knocking at your front door just show then the Tenancy agreement.
You will of course move out once the Council have found you a suitable property to rent 

lincroft1710

Unless it is a Listed Building, normally the owner could try applying for a Certificate of Lawful Development. However it seems there has been prior correspondence concerning the extension, as it is unusual for a notice of that sort to be the first communication.


Please keep us informed about the replies you receive from both Planning and the Letting Agent

propertyrental

MikeJXE said:

I'm no expert but it's nothing to do with you no it'' best if you say no more 

Of course it affects the tenants. If the council enforces, they will have workmen in the house demolishing the attic ad they'll presumably end up with a 4 ed house instead of 5.

The only One thing it tells you is that your contract is unlikely to be extended.

or that you might not want to extend your tenancy.

ProDave said:

What were you doing opening the LL's post?  Or was it addressed to "occupier" or similar?

I would write to the council explaining you are the tenant, and give them the landlords address as the owner and tell them that is who they should discuss the issue with.

If work has to be done it is the landlords responsibility to arrange alternative accommodation if you have to move out.

I agree normally tenant's should either forward the LL's mail, or RTS. However contrary to common belief, opening mail that has been correctly delivered by RM is not illegal.

OP does not have the LL's address, but yes,  direct the council to the agents.

Hopefully the LL has insurance to re-house the tenants if necessary, though that's the L's problem. And the insurer might decline a claim since it's caused by the LL's apparent non-compliant extension

Ideal solution for you would be for the LL to obtain retrospective permission, but the council might refuse. Dependng on what exactly the work nvlves, and whether you'd ultimately end up with fewer bedrooms than you contracted for, the tenancy might be 'frustrated' - ie cancelled.

diddly74

MikeJXE said:

I'm no expert but it's nothing to do with you no it'' best if you say no more 

It's very much something to do with me as this is currently my home Thank You.  Just because it isn't primarily a financial problem for me I.e. paying for builders. I will still lose a bedroom and I  won't be getting what I originally agreed to pay for. 

Planning was applied for and denied, apealed and refused in 2020. 

user1977

ProDave said:

What were you doing opening the LL's post?  Or was it addressed to "occupier" or similar?

I would guess such notices are served on the occupier? There's no rule prohibiting the OP from opening the mail anyway.

silvercar

diddly74 said:

MikeJXE said:

I'm no expert but it's nothing to do with you no it'' best if you say no more 

It's very much something to do with me as this is currently my home Thank You.  Just because it isn't primarily a financial problem for me I.e. paying for builders. I will still lose a bedroom and I  won't be getting what I originally agreed to pay for. 

Planning was applied for and denied, apealed and refused in 2020. 

Imagine for a minute you hadn’t opened the mail. You would continue as normal. The landlord, on the other hand, has a wrangle on his hands. He will try all avenues to get permission for the development. Failing that he will tell the council that he has no right of access to do work as the property is tenanted. The council may or may not have the right to force entry and do building work while there is a legal tenancy in force. Certainly if it went to court there would be delays, way past the date your current tenancy ends.