Building Act consent lacking- effect on tenants

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  • Building Act consent lacking- effect on tenants

    Hi

    Last year I purchased a 4 room flat to let to students, the property was a repo' from the bank.

    A couple of weeks ago I had a letter from the Council informing me that when the house was converted into two flats in 2002 the Building Regulations were not signed off! So loads of work needs doing to the property, fire escape, smoke alarms etc'.

    It turns out my solicitor didn't check this out, but that is another story!

    My problem is that the Council want the room in the loft putting back to a loft, which means I will lose a bedroom and will have 4 tenants but only 3 rooms.

    I am really unsure how I stand with the tenants (who have a contract until December). It seems unreasonable to expect 2 of them to share (even if I offer a discount).

    Anyone have any thoughts on the best way to handle this?

    Thanks.

  • #2
    Originally posted by simonc View Post
    Hi

    Last year I purchased a 4 room flat to let to students, the property was a repo' from the bank.

    A couple of weeks ago I had a letter from the Council informing me that when the house was converted into two flats in 2002 the Building Regulations were not signed off! So loads of work needs doing to the property, fire escape, smoke alarms etc'.

    It turns out my solicitor didn't check this out, but that is another story!

    My problem is that the Council want the room in the loft putting back to a loft, which means I will lose a bedroom and will have 4 tenants but only 3 rooms.

    I am really unsure how I stand with the tenants (who have a contract until December). It seems unreasonable to expect 2 of them to share (even if I offer a discount).

    Anyone have any thoughts on the best way to handle this?

    Thanks.
    i personally think your solicitor should deal with this and all the associated costs as a gesture of good will as if you need to serve notice there will be costs involved etc and why should you have to suffer (& your tenants of course) for your solicitors apparent incompetance. Maybe your solicitors could offer financial help towards re-locating one of your tenants??

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    • #3
      Thanks for the reply, they are meeting the costs, but I still have to deal with the tenants....

      I just don't know where I stand legally, as I will have to tell these 4 tenants there are now only 3 rooms and suggest that either 2 of them share or one of them leaves.

      Also, there is going to be a lot if grief for 6 weeks while the work is being done, it would be better if they all moved on.

      Is there any rule that tenants can be told to go if essential works are required to the property?

      Comment


      • #4
        Originally posted by simonc View Post
        Thanks for the reply, they are meeting the costs, but I still have to deal with the tenants....

        I just don't know where I stand legally, as I will have to tell these 4 tenants there are now only 3 rooms and suggest that either 2 of them share or one of them leaves.

        Also, there is going to be a lot if grief for 6 weeks while the work is being done, it would be better if they all moved on.

        Is there any rule that tenants can be told to go if essential works are required to the property?
        On final point: yes. See mandatory ground 6 in Schedule 2 to Housing Act 1988.
        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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        • #5
          Thanks Jeffrey, having a bit of trouble finding the section you are making reference to ,any chance of a link to it?

          Much appreciated!

          Comment


          • #6
            http://www.statutelaw.gov.uk/content...&filesize=4438

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