Planning permission refused- property occupied

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    Planning permission refused- property occupied

    Hi guys,

    I'm new on here, and while I am a tenant and not a landlord when I was researching your advise may be of use to me.

    I recently moved in and renting a property through a letting agent. It's a large victorian house and I am renting one of two self contained basement flats. I received a letter from the planning inspectorate advising me of a visit to my property two weeks ago. I received a letter yesterday from them, as it turns out the landlord doesn't actually have planning permission and received an enforcement notice in May 2011 stating he had 3 months to cease use of the flats and remove all bathroom and kitchen fittings.
    Both the landlord and letting agent appealed the decision, which the planning inspectorate's decision has been to deny the appeal on all grounds. Except that he extends the 3 month period to 6 months.

    I was not aware of this when I moved in and signed my tenancy agreements, although seeing as the notice was given in May and the appeal was submitted before I moved in, the letting agent clearly knew this. While I have six months on my tenancy agreement, after the first six months it is a rolling contract which automatically renews every month unless either party gives one month notice.
    I understand that they would need to give me 2 months notice if during the first six months of the tenancy.

    I'm just wondering if any of you had any experience of this kind of situation. I am very annoyed at the prospect of having to move again.

    Am I liable for council tax seeing as the property doesn't legally have planning permission? Are the letting agent/landlord in breach of contract on the tenancy? I do not want to go through this agency again and give them more agency fees.

    Thanks in advance for any suggestions/advise, I really appreciate it.



    As the LL was not in a position to enter into a tenancy agreement then they will owe you compensation for breach of contract.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.


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