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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience:  Solicitor with more than 30 years experience
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Hi as a landlord, can I offer short term accommodation in

Resolved Question:

Hi
as a landlord, can I offer short term accommodation in my apartments through a hotel website without the hotel being in breach of planning as they are only allowed 52 bedrooms. I am assuming that as the apartments are not within the confines of the hotel it will not be in breach of conditions.
Kind regards
Ray
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Hi Ray thanks for your question. Planning relates to the physical building and to its use. So no you cannot breach planning by advertising through a website. Presumably it will in any case be clear that the apartments are not part of the hotel even if serviced by it.
Customer: replied 3 years ago.

Hi, thanks for your answer.


My concern is that 2 of the apartments are above the hotel but were not part of the hotel's planning permission grant for the 52 bedrooms. It was agreed by all parties that these 2 flats fell outside of the hotels planning application and were to remain individual dwellings with their own council tax accounts etc. Therefore am I right to say that these 2 properties are, to all intents and purposes, offsite of the hotels boundaries?


Kind regards


Ray

Expert:  Senior Partner replied 3 years ago.
As long as they are wholly separate and have their own front doors etc. I would not in that case suggest that they are serviced by the hotel however. If you incorporate them into the hotel business then the issue may be open to debate.
Customer: replied 3 years ago.

Hi


they have their own front doors on the top floor of the building and agreed entry into the building through a side street entrance. This, again, is all agreed with the council. If we were to have an agreement with the hotel to manage these two properties, would that be acceptable do you think?


Kind regards


Ray

Expert:  Senior Partner replied 3 years ago.
Ray

You can do this as long as it is clear that the apartments are not part of the hotel business. So if for example you allowed renters full access to hotel services and so on then you are at risk of incorporating the apartments into the hotel building. Bear in mind however that if you do technically infringe planning then all that will happen is the hotel will get a stop notice os you will have to cease whatever is complained of. I wold be confident you can set things up in a way that the apartments are not part of the hotel business.
Customer: replied 3 years ago.

Hi


sorry, I was not in yesterday. Could I sell timeshares for the properties thru the hotel website? If so is there a procedure for setting up timeshare?


Kind regards


Ray

Expert:  Senior Partner replied 3 years ago.
I don't believe a solicitor had a professional obligation either to make sure a client makes a will or to check their state of mind if asked to send a will out. It is certainly good practice and desirable to make enquiry.

Generally it is not in the husbands interest to have no will but it depends . What was the outcome ?
Customer: replied 3 years ago.

Hi


I think you may have answered someone else's question instead of mine


Kind regards


Ray

Customer: replied 3 years ago.

Hi


any further news on my last post?


Kind regards


Ray

Expert:  Senior Partner replied 3 years ago.
Odd . The answer seems - as you say to be posted to the wrong question .

I see no reason why you should not sell time shares. Setting up a time share requires setting up proper trust arrangments and documentation and is not something I could deal with here,.
Customer: replied 3 years ago.

Hi


thanks, XXXXX XXXXX be a material change of use for the flats as they would go from single dwellings to holiday let accommodation?


Kind regards


Ray

Expert:  Senior Partner replied 3 years ago.
It don't think. The planning consent changes but you may need to comply with other rules that apply to let property such as fire regs and so on.
If you you want to ask questions on this subject then I recommend you post it to a new string.
Senior Partner, Solicitor
Category: Law
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Experience: Solicitor with more than 30 years experience
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