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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10234
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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The transfer documents property and complex in which

Resolved Question:

The transfer documents for the property and complex in which I live specifically state that the property may only be used for residential purposes, could you confirm exactly what that means and would that prohibit use as a shared dwelling (taking lodgers), as a b&b and for those taking on a care in th community role (being paid for housing and caring for vulnerable adults? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

A residential building is defined as one which is either:

  • Designed as a dwelling or number of dwellings; or

  • Intended for use solely for a relevant residential purpose (which includes hospices, old people's homes and any building which is the sole or main residence of at least 90% of its residents but does not include hospitals, prisons or similar institutions).

A dwelling is generally held to mean a place where someone dwells and which they treat as their home. This definition follows from a House of Lords judgment in a Housing Act case, Uratemp Ventures Ltd v Collins [2001] UKHL 43.

If your Deeds therefore restrict the use of the property for "residential purposes", the purpose of the restriction is to ensure that the property is occupied only as a main residence, someone's home. It is intended to prevent transient occupiers and as such,you would not be able to use it as a B&B.

You could, however, use it for lodgers/care in the community.

I hope this assists and sets out the legal position.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10234
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your reply. I am assuming someone who has registered with airbnb who is offering rooms on that basis would be classified in terms of the law as a b&b and would one fall foul of the covenant but would also need to comply with local authority rules for running such an establishment (fire, health and safety, tax and a business waste certificate)? Thanks
Expert:  Aston Lawyer replied 1 year ago.

Hi,

If you are operating as a bed and breakfast, you do need to apply to the local Council to register and comply with all the individual Council's requirements. These would normally include the requirement to obtain planning permission.

They would also have to see if business rates are payable.

If they were providing any food to the residents then they are classed as a food business. This means you are required to comply with food hygiene legislation and and must register with your local authority.

I hope this assists. If so, I would be grateful if you could rate my answer.

Best Wishes

Al

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