Converting loft; T of floor below objects- planning effect?

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    Converting loft; T of floor below objects- planning effect?

    Hi everyone

    I'm in an interesting dilemma i thought i'd run past you

    I have permitted development approval to convert my loft, of which i've started

    Its a 2 story house at the mo, and the first floor is occupied by a sitting tenant

    She is now complaining about me and my workers doing the work in the loft

    Can the council or any other authorities enforce any action for this? i've actually started, should be finished in 3 weeks

    #2
    Originally posted by WarwickGrad View Post

    I have permitted development approval to convert my loft, of which i've started
    Its a 2 story house at the mo, and the first floor is occupied by a sitting tenant
    When you say you have a sitting tenant on the first floor does that mean the property is converted into flats? If yes then you need planning permission as PD doesn't exist for flats.

    Or have the rules changed re. PD rights?

    Comment


      #3
      thanks for the reply one two

      nope, its a house, she just occupies the first floor for some reason - thats how i bought it

      the downstairs part is vacant and not in a good state - my aim is to use my permitted development rights first, then apply for planning to convert into seperate flats, which should be fine

      the issue i have is that i'm going through the first floor to get into the loft - am i allowed to do this? what action can be enforced if it isn't allowed?

      Comment


        #4
        If the person on the first floor is a "sitting tenant" then she has a right of exclusive possession of the first floor during her tenancy unless her tenancy agreement gives OP rights of access to do the kind of works involved, which is unlikely.
        RICHARD WEBSTER

        As a conveyancing solicitor I believe the information given in the post to be useful (provided it relates to property in England & Wales) but I accept no liability except to fee-paying clients.

        Comment


          #5
          Converting loft; T of floor below objects- planning effect?

          ok

          if i put up scaffolding and enter via outside, is this permitable?

          Comment


            #6
            Originally posted by WarwickGrad View Post
            if i put up scaffolding and enter via outside, is this permitable?
            Maybe, as long as you're not interfering with T's reasonable enjoyment of the premises let to her.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              thanks jeffrey

              lets assume i am interfering with her reasonable enjoyment ie. by being too load while works are being undertaken

              lets assume she complains to the council (she's complained about smaller things before)

              what can the council do about this complaint?

              someone told me to ignore the council as they has no rights - she can only enforce any action by going via the courts - by this time the work will be completed (3 week completion date)

              Comment


                #8
                If she claimed damges against you, because you rode roughshod over her rights, your 'three-week' point would be irrelevant. She might well obtain judgment for several thousand pounds (rightly, in view of your apparent lack of concern).
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  not a lack of concern jeffrey, we as landlords have rights too mate

                  Comment


                    #10
                    Originally posted by WarwickGrad View Post
                    not a lack of concern jeffrey, we as landlords have rights too mate
                    True but the first-floor flat is her home. I imagine that you live elsewhere, so the building work/mess would not affect you personally?
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      thanks for the swift response jeffrey

                      yes i live elsewhere, this property is owned via my company

                      the plan is to do the loft, then gain planning for ground and rear extensions - then as seperate flats - spoken to planning, they have indicated good signs for approval

                      with the sitting tenant ive been losing money on this property - and will continue to lose if i dont do the loft

                      i'd like to do this work with the minimum fuss possible, without annoying the tenant

                      what would you do if you were in my shoes?

                      Comment


                        #12
                        Originally posted by WarwickGrad View Post
                        its a house, she just occupies the first floor for some reason - thats how i bought it......
                        not a lack of concern jeffrey, we as landlords have rights too mate.....
                        Wow thank goodness I'm a landlord and not a tenant of yours! Presumably her occupation "for some reason" meant that you purchased the property at a knock down price. My father was a LL for 50 years and never trampled on anyone, yet he suffered from a few bad tenants who took advantage of skewed legislation brought in over the 60's and 70's to protect tenants from rogue LL's.

                        It seems Warwickshire Graduates aren't the same as they used to be...

                        I just hope she comes to this forum to get advice from your 'mate' Jeffrey...

                        Comment


                          #13
                          thanks for the post markonee

                          what would you do in this delicate situation?

                          ps: warwickgrads are in a transitional period

                          Comment


                            #14
                            You say this is a two storey building. The sitting tenant resides on the first floor.

                            What are you converting the loft into? Is your sitting tenant going to have access to this newly habitable area?

                            Comment


                              #15
                              Originally posted by WarwickGrad View Post
                              thanks for the post markonee

                              what would you do in this delicate situation?

                              ps: warwickgrads are in a transitional period
                              I guess you could try talking to her, and reasuring her that the inconvenience would be temporary, and that for the convenience of access, you might offer a financial sweetner, but then again, some people are unbribeable, a bit like politicians....

                              Comment

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