Invalid tenancy agreement due to a planning constraint?

Gottobeabetterway1975

Hello 
Can anyone confirm if a tenancy agreement could be deemed as invalid if the property being rented transpires to be an annexe and has the following condition in it's planning application; 
''The annexe accomodation hereby approved shall only be in connection with the main dwelling house''
If the tenancy was deemed invalid and the tenants vacated before the end of the term, would they be entitled to the deposit held with the TDS to be returned if the property was left in the condition it was found in?
Many thanks in advance 

theartfullodger

You are owner, landlord (not always same), agent, solicitor?

Gottobeabetterway1975

Thank you Artful. 

My nephew has signed the agreement as a tenant, a neighbour has questioned if he is a relative of the landlord (he has never met him) as apparently it can’t be rented out, this might explain why he has
been unable to find the address for moving his bank over etc. he is also having to pay an additional council tax fee to landlord and would like to leave the tenancy? 

FlorayG

If the nephew's accommodation has a separate council tax liability then it's a separate dwelling and a valid tenancy. If the council tax is included in the council tax charge on the house then it isn't separate BUT it can still be a valid tenancy if the occupier has a separate entrance and does not share any facilities with the landlord. 
HOWEVER...
A friend of mine lets an annex with no individual CT liability on this basis but legally cannot let it as a full-time tenancy, only a Monday-Friday let because the tenant has to have a council tax liability elsewhere ( i.e. a permanent home elsewhere). Fortunately for her this is easy to do locally due to a LOT of people employed on contract on a huge project. 

saajan_12

There's no direct link between planning permission and the validity of your contract. If the tenant is physically able to stay there then the tenancy continues and rent continues to be due. If the council were to take action and somehow get the tenant removed, then obviously that would change. 

*Someone* could report to the council to encourage them to take action if the tenant wants to move. Alternatively the tenant could threaten to report to the council and any potential penalties, unless of course the LL agreed to a mutual early termination.