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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10452
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Basic question: Has it become illeagal to have a domestic flat

Resolved Question:

Basic question: Has it become illeagal to have a domestic flat above a clinical area ie. a dental or doctor's surgery?

Background: My father a retired dentist owns the freehold to a house since the 80s. His dental surgery is/was on the ground floor. I his son owns the lease for a domestice flat upstairs. This arrangement has stood since the property was bought in the 80s.

We've suddenly been told by the dentist now renting the dental surgery downstairs that 'because of new clinical legislation' we are no longer by law permitted to have a domestic flat upstairs above a clinical area.

The house is managed by a letting agent. At no point did he advise us of the change in law.
Less than 6 months ago I substantially refurbished the flat.
Nothing that the agent or the law said that this change is about to happen.
Although the front door is common to the surgery and the flat, the entrance to the flat has its own locked door and the stairs are fully encased and separate from the surgery.

Suspicion: The dentist downstairs has a son who has recently become a dentist and they wish to coerce my father into selling them the freehold to the property.

Has such 'clinical' Health & Safety legislation recentally been passed?
Do we have to sell our property to this dentist and his son if we categorically do not wish to sell?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Thanks for your enquiry.

 

I am glad to say that the Dentist is talking absolute rubbish! There is no law preventing a residential flat above a dentist, doctors or vets!

 

There is little more I need to say.

 

I hope this answers your question.

 

Kind Regards

AL

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