Legal to let premises that lack Final Completion Cert?

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    Legal to let premises that lack Final Completion Cert?

    Hi i'm new to this forum but have a simple question. As a landlord, Is it legal to enter into a short-hold tenancy agreement in a property which hasn't been passed by building regulations?

    #2
    What do you mean exactly?
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #3
      Originally posted by Paul_f View Post
      What do you mean exactly?
      Ironically, this must be one of the few questions posted which does actually make complete sense in so few words!

      I think it is fairly transparent, is it not : property has had building work done (perhaps to get it up to HMO standard, or an extension built, or whatever) - L wishes to let it out; may he do so before the building inspector has passed it as completed?

      OP, I am not an expert, so it might be a good idea to wait until someone like red40 comes along - or post this in the Planning and Development Questions section. But for what it's worth, I think it depends on the nature of the work (ie to what exnte, if at all, it compromises H & S)and whether it must be completely finished before you can let it out. I think probably not, since one of our HMOs will only be signed off next week (3 years after majority of work was done) because there has been an ongoing saga with the bannister spindles. It was nothing which would endanger the student tenants, and it did not hold up the HMO licence. They just said 'Get it done and have it inspected, then send us the certificate'.

      And if you think about it, some rented properties have work done to them requiring building regs while Ts are in occupation.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #4
        letting

        I do not have a final completion certificate from the local council building regulations but have a perspective tenant. He wants to move in straight away. My question is - am i breaking any rules/laws if I sign a tenancy agreement with him before I get the property inspected and approved?

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          #5
          Ohh I want a perspective tenant - is that one that appears much further away than they actually are or do they just get hugely upset over trivial matters, if the latter you should really call them a lack of perspective tenant.

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            #6
            Originally posted by mark999 View Post
            I do not have a final completion certificate from the local council building regulations but have a perspective tenant. He wants to move in straight away. My question is - am i breaking any rules/laws if I sign a tenancy agreement with him before I get the property inspected and approved?
            There is no prohibition in the Housing Act 1988 as amended that could invalidate the letting; but it might be prohibited by:
            a. Health&Safety legislation;
            b. bye-laws; or
            c. the Building Act 1984.
            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).

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              #7
              OP, might be an idea to ring your local council - building regs dept and the housing dept, to ask them if there is anything in local bye-laws or H & S (as Jeffrey has suggested) which would prevent you.

              If they say no, there isn't, ask them for it in writing/by email. It may save a load of grief later.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                #8
                Originally posted by mark999 View Post
                I do not have a final completion certificate from the local council building regulations but have a perspective tenant. He wants to move in straight away.
                If the actual work is complete, what's the problem with getting the BCO to sign it off right now? You don't book them weeks in advance, the nature of builders and building work is such that you phone them up first thing to organise a visit on the day you want it. Or if you're very well organised, the day before.

                (Or is there more to the story than you're letting on? Surely not...)

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