Unusual tenancy request

Landlords and tenants can share their problems and give each other mutual support

Unusual tenancy request

Postby Bryn » Mon Jul 22, 2013 8:17 pm

Adjoining my smallholding is an enclosed garden, approx. 25' x 40' with the remains of a 3 storey cottage (the end one of a row of three) and a well. All that remains of the building are the four walls of what was the basement with a doorway and one window hole. It is set into a hillside and the back wall is below the road level. The roof consists of a flat pot & beam arrangement to allow 2 cars to park over it. The structure is solid but not water tight. I have been approached by someone who would like to use the garden and building to live 'off-grid' for a modest rental fee. The smallholding is in green belt land and the garden/building plot is part of a conservation area. I am guessing I would need to speak to the council before I even give an answer but would like to know if there are any other things (e.g. legal issues) I need to consider. The gentleman asking contacted me originally to help with ideas to set up an ecotherapy project on the smallholding as a social enterprise.
Bryn
 
Posts: 10
Joined: Thu Nov 05, 2009 7:28 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Unusual tenancy request

Postby pilman » Wed Jul 24, 2013 7:43 pm

You don't actually say you own this garden and derelict building, but it seems that you must do, otherwise you cannot rent it to anyone.

If you agree to rent land to someone who becomes a tenant with you as landlord, then what use is put to the land that may be in breach of planning control can be controlled by the Local Planning Authority.

It will be up to the tenant to comply with any such matters referred to if an enforcemnent notice is ever issued claiming a breach of planning control.

You can rent the land as long as you own it. No other permission is needed to rent land you own.
pilman
 
Posts: 2829
Joined: Thu Mar 11, 2010 5:08 pm

Re: Unusual tenancy request

Postby Bryn » Mon Jul 29, 2013 9:42 pm

Thank you, that helps to set my mind at rest.
Bryn
 
Posts: 10
Joined: Thu Nov 05, 2009 7:28 pm

Re: Unusual tenancy request

Postby jonahinoz » Mon May 12, 2014 8:39 am

Hi Pilman,

Can you clarify something for me, in cases like this.

I have heard of people applying for PP to restore derelict houses, and the Planners refusing, because the use as a dwelling has been abandoned. I can find no reference to "abandonment" in my limited "library". However, a friendly Planner quoted an example where a dwelling was considered "abandoned", because the farmer had moved out, and used it as a feed store, and later as a cow shed.

In Bryn's case, if the building was last used as a dwelling, and the eco-therapist moved into the cottage, without applying for PP, is there any PLANNING reason that the Planners could use to force him out? I appreciate that Building Regs will be a different matter, but one step at a time.

John W
jonahinoz
 
Posts: 1330
Joined: Fri Aug 05, 2011 5:15 pm

Re: Unusual tenancy request

Postby ukmicky » Mon May 12, 2014 10:18 pm

You also need to look to see if this building is in an acceptable condition to rent as accomodation. Im not sure ofthe law but if it is not he may be able to force you to bring it up to standard once rented even though currently he says he wants it for eco living
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4496
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Unusual tenancy request

Postby ukmicky » Mon May 12, 2014 10:44 pm

jonahinoz wrote:Hi Pilman,

Can you clarify something for me, in cases like this.

I have heard of people applying for PP to restore derelict houses, and the Planners refusing, because the use as a dwelling has been abandoned. I can find no reference to "abandonment" in my limited "library". However, a friendly Planner quoted an example where a dwelling was considered "abandoned", because the farmer had moved out, and used it as a feed store, and later as a cow shed.

In Bryn's case, if the building was last used as a dwelling, and the eco-therapist moved into the cottage, without applying for PP, is there any PLANNING reason that the Planners could use to force him out? I appreciate that Building Regs will be a different matter, but one step at a time.

John W

Sorry Pilman for getting in first but it could be relevant

There was a case where repeated purchasers of a prime plot of land with an old delapidated house on it in a semi rural location were refused permision to use the land any further for residential puposes and were also refused permision to demolish and rebuild.

The council claimed abandoment of the house because it hadnt been lived in for 20 plus years and its roof, walls and floors were no longer sound and no longer exibited the characteristics of a dwelling house. They said change of use had also occured and the land was no longer deemed residential.

It did go appeal but i do not know what the results were.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4496
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Unusual tenancy request

Postby jonahinoz » Wed May 14, 2014 7:50 am

were refused permision to use the land any further for residential puposes

Hi,

Which suggests that they asked permission. What would happen if they didn't ask permission, but just moved in?

John W
jonahinoz
 
Posts: 1330
Joined: Fri Aug 05, 2011 5:15 pm

Re: Unusual tenancy request

Postby MacadamB53 » Wed May 14, 2014 9:02 am

Hi John,

Which suggests that they asked permission. What would happen if they didn't ask permission, but just moved in?

they'd have to keep their head down and hope nobody notices for 10 years, after which time the LPA can't challenge the change of use.

All my non-expert, unqualified understanding.

Kind regards, Mac
MacadamB53
 
Posts: 5902
Joined: Mon Dec 10, 2012 12:13 am

Re: Unusual tenancy request

Postby evca » Fri May 06, 2016 11:16 pm

You don't actually say you own this garden and derelict building, but it seems that you must do, otherwise you cannot rent it to anyone.

Not entirely true. This is how subtenancies are created.
evca
 
Posts: 17
Joined: Fri May 06, 2016 10:16 pm

Re: Unusual tenancy request

Postby jonahinoz » Sat May 21, 2016 11:22 pm

they'd have to keep their head down and hope nobody notices for 10 years, after which time the LPA can't challenge the change of use.

Hi Mac,

Can you clarify that. I understood that occupation of an existing building, as a DWELLING, could not be stopped (on PP grounds) after 4 years. But "dwelling" is a USE, not a physical DEVLOPMENT. Is does "dwelling" (both noun and verb) have any dispensation?

Does "abandonment" have any basis in law ... case or statute? Would a previous owner have registered the house as abandoned to avoid paying Council Tax? Would paying Council Tax avoid the house being deemed "abandoned"?

If somebody moves in, and is then forced out by the LA, would they gain any brownie points on the LA housing list?

John W
jonahinoz
 
Posts: 1330
Joined: Fri Aug 05, 2011 5:15 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Return to Landlord and Tenant

Who is online

Users browsing this forum: No registered users and 0 guests