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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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I want to partition a property as two of my tenants do not

Customer Question

I want to partition a property as two of my tenants do not get along. Am I allowed to without planning permission
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.
1. Can you better explain the situation please. What type of property is it? Is it a permanent or temporary partition you wish to erect? How will the property be divided? is there a garden attached to the property? What will happen to any garden? What materials will form the partition?
Customer: replied 10 months ago.
Sorry this is a delayed response toCustomerRe the above response I received here are my responses.I have a visit from a council planner who I need to be able to explain that I have erected a partition in my property because my tenants upstairs and downstairs were at odds with each other. Both are good tenants. The tenant upstairs essentially cannot share the kitchen with downstairs as they are Indian and cook spicy food all the time and cause pungent smells to spoil the pleasure of the European tenants upstairs.The partition will remain as long as they look after the property and pay rent as they do on-time. The partition is wallboard, fire lagged and plastered and there is a separate kitchen I installed for the tenants upstairs. This means both parties are independent of each other.
There is a garden downstairs and the tenants downstairs have exclusive use of this. It is a mid terrace 3 bed property.Is there anyway that I can ask the council to allow me to keep this partition as these tenants have been in the property for over 2 years and the partition has been in place since December 2013Thanks
Expert:  Buachaill replied 10 months ago.
2. Dear Morgan, as this partition is purely internal works and is not intended to be permanent you don't need planning permission. It is only once the partition becomes permanent and leads to the creation of two different living units that you would need planning permission. Accordingly, so long as you tell the Council that the partition is only temporary to suit the living arrangements of these two tenants, then you will not need planning permission. However, if the planning official forms the opinion that there are two living units, then they may ask you to apply retrospectively for retention permission of the partition. There should be no difficulty in getting retention permission. However, the Council will then assess you for tax on two dwellings.
Expert:  Buachaill replied 10 months ago.
3. Please RATE the answer as unless you Rate the answer your Expert receives no payment for answering the question so there is no incentive to answer any further questions.

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