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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10550
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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we own a leasehold property a flat on the ground floor,

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Hi we own a leasehold property a flat on the ground floor, the owners of the property use the top flat as there holidays / getaway etc. [They live and work in surrey} ,we purchased it so that we could earn an income , re holiday lets the landlords have told us we cant as it says on the deeds dwellings only, any help please? PG Lusted
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
The case law surrounding "holiday lets" is that it is classed as a business.
Therefore, if the Lease states that you should only use the property as "a private dwelling", you would be breaching this covenant if you used it for a holiday let.
As such, the Freeholder could take legal action against you. Whether he would do, I can't obviously say.
I must say that if you had told your Solicitor at the time of your purchase that you were intending on letting it out on a holiday let, he should have forewarned you about any clause in the Lease prohibiting such action.
I hope this sets out the legal position to you but please let me know if you require any further clarification.
Kind Regards
Al
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

my solicitor, did know we wanted it for lettings, and when I phoned him was very apologetic saying oh dear you know you could sue me , I went on to say I hope it doesn't come to that, but said if I can deal with the owners and cost came about because of it, would the company except the bill he said yes, and a few weeks later past us on to a colleague , we have now resolved the problem but there will be cost ,any help?? ps this has been going on since June 2014

Expert:  Aston Lawyer replied 2 years ago.
Hi Peter,
Thanks for your reply.
I am sure your Solicitors firm will be more than happy to pay for the costs incurred by you. As your Solicitor has admitted, he has been negligent, and you would have grounds to make a claim against their professional indemnity insurance, so any settlement your Solicitor can reach with you would be more favourable to him, than a claim on his insurance.
I therefore suggest that you write to him, enclosing details of the costs incurred, and I would certainly hope he then settles it.
Kind Regards
Al