B&B License

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • B&B License

    I have a house with planning to use as a B&B

    Several questions if I may:

    1. I'm allowed to offer licences right?
    2. Whats the eviction procedure for this license?
    3. I've heard they turn into ASTs after a period of time. What period of time would this be? 6 months plus?
    4. Can someone msg me the correct license that i should be offering?

    Thanks!!

  • #2
    You'll be resident in the property?? If not then depending on the deal & term it could be an AST.

    Is this a "normal" B&B - people staying a couple of nights, maybe a week - or long-term residents staying months, maybe years??? (If so I'd think it a HMO not a B&B..).

    Any Landlord can "offer" a license, question is, is it a license or is it actually a tenancy (therefore an AST) - see Street v Mountford...
    http://en.wikipedia.org/wiki/Street_v_Mountford
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


    • #3
      If you are running a B+B, ASt's do not come into it ?

      I suppose you can look at it , if you had to, as they are lodgers, and 24 hours
      notice, and then call the police.

      i would be leave any hotel or B+B if they thrust an AST under my nose.

      Comment


      • #4
        Evergreen,Do you have C1 planning permission ?



        SUMMARY GUIDE TO USE CLASSES ORDER AND PERMITTED CHANGES OF USE
        Use Classes Order 1987
        Description
        Conditions (See Note 1)
        including Amendments
        Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices, pet shops, sandwich bars, showrooms, domestic hire shops, funeral directors etc.
        No permitted change except to mixed use as a shop and single flat (see note 2) and vice versa
        A1
        Shops
        Permitted change to A1 where a ground floor display window exists. Also as above to a mixed use as a single flat and A2 use and vice versa (see note 2)
        A2
        Banks, building societies, estate and employment agencies, professional and financial services, betting offices
        Financial and Professional Services
        A3
        Restaurants, snack bars, cafes
        Permitted change to A1 or A2
        Restaurants and Cafes
        A4
        Pubs and bars
        Permitted change to A1, A2, A3
        Drinking Establishments
        A5
        Hot food takeaway
        Permitted change to A1, A2, A3
        Hot Food Takeaways
        Permitted change to B8 where no more than 235m2
        B1
        Offices, not within A2
        Business (a)
        Permitted change to B8 where no more than 235m2
        (b)
        Research and development, studios, laboratories, high technology
        Permitted change to B8 where no more than 235m2
        (c)
        Light Industry
        B2
        Permitted change to B1 or B8
        General Industry
        General Industry
        B8 where no more than 235m2
        (See Note 4)
        Permitted change to B1
        B8
        Wholesale warehouses, repositories
        where no more than 235m2
        Storage or Distribution
        C1
        Hotels, boarding and guest houses
        No permitted change
        Hotels

        C2
        Residential schools and colleges, hospitals and convalescent/nursing homes
        No permitted change
        Residential Institutions
        Use for a provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short term holding centre, secure hospital, secure local authority accommodation or use as a military barracks
        C2A
        No permitted change
        Secure Residential Institution
        Use as a dwelling house (whether or not as a sole or main residence by:
        a) a single person, or by people forming a single household;
        C3
        b) not more than 6 residents living together as a single household where care is provided for residents: or
        Permitted change to C4
        Dwelling Houses
        c) not more than 6 residents living together as a single household where no care is provided (other than a use within C4)
        C4
        Use of a dwelling house by not more than 6 residents as a house of multiple occupation (see note 4).
        Houses in Multiple Occupation
        Permitted change to C3
        Places of worship, church halls, clinics, health centres, crèches, day nurseries, consulting rooms, museums, public halls, libraries, art galleries, exhibition halls, law court, Non residential education and training centres
        D1
        Non-residential
        No permitted change
        Institutions
        Cinemas, music and concert halls, dance, sports halls, baths, skating rinks, gymnasiums. Other indoor and outdoor sports and leisure uses, bingo halls
        D2
        No permitted change
        Assembly and Leisure
        Theatres, houses in multiple paying occupation, hostels providing no significant element of care, scrap yards. Petrol filling stations and shops selling and/or displaying motor vehicles. Retail warehouse clubs, nightclubs, launderettes, dry cleaners, taxi businesses, amusement centres
        No permitted change
        Sui Generis
        (See Note 3)
        Permitted Change from Sui Generis to D2
        Casinos
        Notes: Last Updated 14 October 2010
        1.
        The Town and Country Planning (Use Classes) Order 1987 is the principal order which has been subject to a number of subsequent amendments. Changes within a specific class do not require planning permission provided that the use subsists, the planning permission exists and no restrictive condition is attached. The 2006 amendments moved casinos from D2 to Sui Generis, introduced C2A for secure residential institutions and law court as a D1 specified use. The 2010 amendments alter C3 and introduce a C4 use class. The Town and Country Planning (General Permitted Development) (Amendment) (No2) (England) Order 2010 (SI No 2134) introduced a permitted change from C3 to C4.
        2.
        Any operational development, such as effecting external appearance would, requires consent. Ground floor rooms with a shop window would need consent to change the whole or part of the ground floor for use as a single flat. For a further explanation see Town and Country Planning (General Permitted Development) Order 1995. 3
        . Sui Generis is a use not within a specific class.
        4.
        Definition of a House in Multiple Occupation is as in Section 254 of the Housing Act 2004. Broadly this is when tenanted living accommodation is occupied as an only or main residence, where the occupiers are not related and share one or more basic amenity.
        Thunderbirds are go

        Comment


        • #5
          Originally posted by ram View Post
          If you are running a B+B, ASt's do not come into it ?

          I suppose you can look at it , if you had to, as they are lodgers, and 24 hours
          notice, and then call the police.

          i would be leave any hotel or B+B if they thrust an AST under my nose.
          Modified to :-
          I would be leaving any hotel or B+B if they thrust an AST under my nose, just
          turn around and walk out.

          Comment


          • #6
            This is the exact permission from the website planning for this property:

            Use of premises for up to six homeless persons living together as a single household.

            So providing B&B for homeless people referred from council's emergency accommodation team.

            This isnt C1 is it? More like C3 right?

            Comment


            • #7
              The safety requirements fo B&B accommodation is usually much more stringent than HMO properties.

              Comment


              • #8
                So if providing 6 persons with their own rooms (exclusive possesion) without resident landlord then I'd suggest that's AST land, even if the paperwork says different.

                I've sat in a room with a hostel manager when the light started dawning over him as he realised that was the position he was in: IIRC a council-run hostel at that, which issued "licenses".
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                • #9
                  Originally posted by Evergreen View Post
                  This is the exact permission from the website planning for this property:

                  Use of premises for up to six homeless persons living together as a single household.

                  So providing B&B for homeless people referred from council's emergency accommodation team.

                  This isnt C1 is it? More like C3 right?
                  Ask the council what use it has

                  Sounds like a hmo to me. Doesn't state that breakfast is being provided.
                  All posts in good faith, but do not rely on them

                  * * * * * ** * * * * * * * * * * * *

                  You can search the forums here:

                  Comment


                  • #10
                    Originally posted by theartfullodger View Post
                    So if providing 6 persons with their own rooms (exclusive possesion) without resident landlord then I'd suggest that's AST land, even if the paperwork says different.

                    I've sat in a room with a hostel manager when the light started dawning over him as he realised that was the position he was in: IIRC a council-run hostel at that, which issued "licenses".
                    Sorry could you expand/rephrase the second paragraph?

                    If the "hostel" you describe comes within the remit of what a "proper" hostel is , then it won't be an AST. Bona Fide Hostels are usually run by councils or charities, for vulnerable people. They run on licences and can evict without a court order. I don't think it is possible for private business to set up and operate a proper hostel. Even if they can technically use a licence over an AST, they still require a court order to evict if the occupier will not leave.
                    All posts in good faith, but do not rely on them

                    * * * * * ** * * * * * * * * * * * *

                    You can search the forums here:

                    Comment

                    Latest Activity

                    Collapse

                    • NTQ during fixed term?
                      vpltd
                      Hi,
                      Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
                      (A residential let in England.)
                      VPL.
                      11-08-2017, 14:53 PM
                    • Reply to NTQ during fixed term?
                      jjlandlord
                      You made a claim. You tell us.



                      It was claimed that a tenant may freely leave whenever he pleases once he has received a s.21notice. If that was indeed the case you can imagine the mess with all those precautionary notices....
                      18-08-2017, 12:43 PM
                    • Reply to NTQ during fixed term?
                      Wright76
                      I totally agree, I was just trying to find any justification for claims that a tenant must serve notice in return of a section 21. It could never ever be demanded within the 2 month notice period, and in my opinion I agree it couldn't be demanded thereafter. But JJlandlord is adamant that requirement...
                      18-08-2017, 12:40 PM
                    • Lying tenant
                      mazco
                      We had a tenant in our property. Initial agreement was for 6 months from April 2016 but then went on to SPT.
                      In June he didn't pay his rent due on 15th of the month. Chased him and got excuses. On 10th July got a text from him saying he had moved out and left a key under the mat for us. He reckoned...
                      18-08-2017, 12:03 PM
                    • Reply to Lying tenant
                      JK0
                      Hmm. If tenant was stupid enough to leave valuable furniture behind, it's JK0's money in my book.

                      (Not that that ever happened. All I get left is broken Ikea tat.)
                      18-08-2017, 12:30 PM
                    • Reply to Lying tenant
                      jpkeates
                      The deposit doesn't limit what you can try and recover from the tenant.
                      It's simply a convention designed to make a simple claim easier.

                      You can't sell the tenant's goods and use the proceeds to settle their debt without their consent.
                      That's the tenant's money.
                      18-08-2017, 12:27 PM
                    • Reply to Lying tenant
                      mazco
                      Unfortunately the deposit doesn't come close to what he already owes. Deposit of just over £1100 to cover two months rent at £900 per month, replacement carpet £200, bath replacement needed, disposal of rubbish, clearing of garden. He 'kindly' left us some furniture which I managed to sell for around...
                      18-08-2017, 12:24 PM
                    • Reply to Lying tenant
                      jpkeates
                      And, of course, this....
                      18-08-2017, 12:22 PM
                    • Reply to Lying tenant
                      jpkeates
                      There are rules about who is responsible for the council tax. And they relate to residence, not the tenancy.
                      If the tenant is in the fixed term of a tenancy agreement, that means they're liable.
                      If they are in a rolling agreement and move out, you are liable.

                      If the tenancy...
                      18-08-2017, 12:21 PM
                    • Reply to Lying tenant
                      JK0
                      I'd forget about getting utilites to believe you. Just work out a reasonable extra amount to add to deposit request.
                      18-08-2017, 12:18 PM
                    Working...
                    X