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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33530
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We have opened a bed and breakfast in our private house, renting

Customer Question

We have opened a bed and breakfast in our private house, renting out 2 rooms out of our five bedrooms.
The neighbours have pointed out the clause below in our deeds
' not to use the property save for the purpose of a single private dwelling house and not for the purpose of any trade or business ' .
Are we within our rights to operate a b&b within our home?
Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the property built?
Do you have planning permission?
Clare
Customer: replied 2 years ago.
The property is a barn conversion that was completed in 2000, we bought the property from a developer. We have checked with the local council and we do not require planning permission for the number of rooms we have for the b&b.
Expert:  Clare replied 2 years ago.
Hi
I am afraid however that your Title deeds include a covenant that does prevent it - and since it was only made 14 years ago it is still enforceable - IF your neighbours opt to do so
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Is it possible to change the title deeds, so we can run a bed and breakfast and how would we go about this.would we be able to rent the house as a holiday let.
Expert:  Clare replied 2 years ago.
Hi
I assume that this is a free hold property and that the neighbours properties were converted at the same time?
Clare
Customer: replied 2 years ago.
Yes that is correct.
Expert:  Clare replied 2 years ago.
Hi
Then all your neighbours (and your and their mortgage companies) plus the original builder would have to agree to the change
I am afraid it cannot be used as a Holiday let either
Clare
Customer: replied 2 years ago.
Thank you for your advice, if this was to go to court, as this is our main source of income and We have support from our other neighbours. How long would be be able to stay open and what are the chances of us winning. I know these are difficult questions to answer!!!!2 of our 6 neighbours have asked us to close the business by the 1st Jan 15. This will cost us a considerable amount of money in finding alternative accommodation for the bookings we have in advance for the next 6minths. They have also asked us not to run the business while we are on a four week holiday. We have arranged for my sister to run it for us. What should we do, should we cancel our holiday?
Expert:  Clare replied 2 years ago.
Hi
Your chances of winning are remote in the extreme I am afraid (we can never say never on the outcome of a court case but...)
If they wish your two neighbours can make an application for an Injunction to stop the activity until the case has been decided.
This could be heard within a few weeks of the application being granted - and since on the face of it it is clear you should NOT be doing it - they are likely to be successful.
It could be better to negotiate with them and agree a stop date of say June
So far as your holiday is concerned that is of course up to you
Clare
Customer: replied 2 years ago.
How do we stand in regard to having a lodger or moving out and renting out the entire house, but not as a business? Thank you
Expert:  Clare replied 2 years ago.
Hi
Both are perfectly fine - indeed you could have two or three lodgers PROVIDED you also live there
Clare
Customer: replied 2 years ago.
Could we offer a short rental, from one day upwards? As we have a self contained room in our barn conversion. There are a number of apartments for daily rents where we live. If this was run as business from another address to our home, would we be in breech of our dreads?Also Could we rent out the rooms on a daily basis through a business not run from our home?Thank for all your help, this is such a difficult time for us.
Expert:  Clare replied 2 years ago.
Hi
No that would not be possible that is in no way using the property as a Single private dwelling house
Clare
Customer: replied 2 years ago.
Thank you, ***** ***** very helpful.
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33530
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Is there a minimium number of weeks a logger has to stay? Is there anything else we might need to know regards ***** ***** Many thanks for all you advice.
Expert:  Clare replied 2 years ago.
Hi
I have to be blunt you cannot pass abed and breakfast guest off as a lodger.
A procession of lodgers will guarantee problems.
A Lodger is someone who stays for a longer period of time - months not weeks -
Clare
Customer: replied 2 years ago.
We are closing the b&b in July, but we have a guest who is now working for a year near us. We may want to sell so we don't want to give her a long lodging agreement. Could it be done on a monthly basis?
Expert:  Clare replied 2 years ago.
Hi
Yes that would work well!
Clare

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