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I have a two bed maisonette with a large lounge. I have been…

Customer Question
I have a two...

I have a two bed maisonette with a large lounge. I have been told by my mortgage company that it is ok to rent the lounge out as a third bedroom as long as all three tenants are on one tenancy agreement.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

...however, I then applied for planning to turn the lounge into a thris bedroom and it was declined. Would I be breaching the law to go ahead and rent the three rooms out without the planning, and if so what are the implications re fines/validity of insurance etc? Thank you!..The property is in good habitable condition.

Lawyer's Assistant: Has anything been filed or reported?

Nothing has been filed or reported, except now the council know that they declined the planning..

Submitted: 6 months ago.Category: UK Law
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Customer reply replied 6 months ago
The property is in england, by the way! Not sure if this is an american site?
Answered in 22 hours by:
8/5/2017
Solicitor: Thomas Judge, Solicitor Advocate replied 6 months ago
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,270
Experience: Award winning lawyer with over 15 years experience
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What planning changes were you seeking?

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Customer reply replied 6 months ago
From a 2 bed maisonette with large lounge to a 3 bed maisonette with just the kitchen for a communal area.. Class C3 to C4.The planning was declined on the grounds that the kitchen is too small. Its about 16 square metres.
Customer reply replied 6 months ago
perhaps a little less..between 12 and 14 sq. metres. sorry Im not there to measure it..
Solicitor: Thomas Judge, Solicitor Advocate replied 6 months ago

I see. That will not prevent you from renting the room, it merely prevents you from making those alterations. I hope that this answered your question. Justanswer works on people giving ratings. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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Customer reply replied 6 months ago
I need more detailed help than this for my £25 please. I need to know for absolute sure if it is illegal to go ahead and rent the three rooms out without the planning as I dont want to break the law. Also I need to know if my landlords public liability insurance would be valid in the event of any claims if I went ahead and rented three rooms without the C4 planning.
Customer reply replied 6 months ago
The three tenants would be on one tenancy agreement. I don't know if this makes a difference..
Solicitor: Thomas Judge, Solicitor Advocate replied 6 months ago

Let me be very clear you do not need the planning decision with regard to letting the property out. Planning would only relate to actual changes to the property. You would need to get specialist landlord insurance rather than simply rely on pit.

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Customer reply replied 6 months ago
Thank you very much for clarifying.My concern is that because there are three unrelated tenants this comes under the title HMO. I have been told I do not need an actual HMO license because of the nature/wherabouts of the property, but have read that in order to rent out as an HMO it is compulsory to have C4 planning. I was also told by a student letting agent, who deal with HMO's all the time, that I could be fined £20,000 for breaching this rule.Do you still advise I am fine to go ahead without the planning in the light of this? Also, does it make a difference whether the tenants are on separate contracts or all on one single one?Thank you very much..
Customer reply replied 6 months ago
Please answer these above questions. I wish to feel very clear on these issues, not just ot be given a one line answer. When I feel that the conversation is finished I will give you the rating I have been asked for. Thank you!
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