Tenancy fallen through as property is holiday only..

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    Tenancy fallen through as property is holiday only..


    New here, looks a friendly busy forum so hoping someone can help.

    We came across a property to let that we've fallen in love with, handed our notice in on our current rental 2 weeks a go and have a move out date of the 19th October, our new contract on the new place starts 15th October.

    Received a telephone call from the new letting agent who said that they had withdrawn from the property due to the planning permission being for holiday use only. All moneys paid being be returned to us (tomorrow).

    Where do we stand, can we live in it for 11 months a year? Would we have to have a permanent address to be on the electoral roll, thinking credit rating etc and being deemed homeless. Council tax? What happens about that? Could one of us rent for 6 months and the other for the other 6 month? Are their any legal ways of living in the house or should we just walk away putting it down to a lesson in life?


    It depends on what the planning permission says.

    You say you had a contract. Do you mean you both sides signed up? If so, then I do not think that the agent can simply send you your money back and think that that wipes the slate clean. You are entitled to damages.


      Planning Permission says:

      The unit hereby permitted shall be used for holiday accommodation, ancillary to the occupancy of xxxxxx cottage only and shall not be used as a principal residential dwelling.
      It then goes on to state 3 reasons, in short

      1 isolated nature of the site would be contrary to a local councils policy
      2 construction and design is unsuitable for permanent residence
      3 relationship of other buildings associated with the use of other dwellings would be unacceptable in residential amenity terms


        well I suppose you could move in and hope noone reports you to the council! The worst that could happen would be I assume that the LL would be served an enforcement notice telling him to comply. If the agent won't touch it you could approach the LL direct?
        Unshackled by the chains of idle vanity, A modest manatee, that's me


          The LL is happy to have us as tenants and to cut the middlemen out. He has mentioned that his neighbour complained to the council, so if we move in we have to comply with whatever the rulings are, just wondering what they are and the options, risks and downfalls


            There should be more detail somewhere - we once looked at buying a holiday property which had an "11 months of the year" holiday clause. We walked away!
            It may be that you could have a break of a day? Or as you say 2 x 5 and a bit month contracts? the problem is that by living there for long periods it will clearly not be a holiday let, whether it is for less than a year or not. YOu will risk enforcement (or rather the LL will). However you will get time to move on - they will have to wait while the LL "evicts" you!
            Unshackled by the chains of idle vanity, A modest manatee, that's me


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