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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9605
Experience:  I have been practising for 30 years.
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Leasehold agreement has a clause that the property should

Resolved Question:

Hi,
Leasehold agreement has a clause that the property should be occupied as a maisonette by a single family.
For planning purposes the definition is as follows;
(Use Class C3) What Is C3 planning Usage?
Dwellings, Houses, Flats, Apartments
C3 is use as a dwelling house (whether or not as a sole or main residence)
(a) by a single person or by people living together as a family, or
(b) by not more than 6 residents living together as a single household (including a household where care is provided for residents).
Does the leasehold definition “occupied by a single family” include both (a) and (b) above.
regards
D Ranetunge
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
Could you explain your situation a little more please? It would help to know exactly what the problem is that you’re trying to find the answer for.
Customer: replied 1 year ago.
I am trying to buy leasehold property and use it for assisted living accommodation. I was wondering if the Leasehold clause that the property be used for a single family, includes different people living as one household as in planning law.
Expert:  F E Smith replied 1 year ago.
Thanks.The definition used in planning law would not be applicable with regard to the lease. It came down to an argument, the court would look at this and consider what the intention of the clause in the lease was. The intention of the clause in the lease is to prevent multiple occupancy by unrelated groups of people which may inconvenience other leaseholders. I can speak with some authority on this because I have exactly this issue with the block of flats now where exactly this clause is in the lease and one of the tenants is using it for holiday letting. The management company are taking him to court and it is my opinion that he has little chance of being able to continue.What I would say is that before going ahead, ask a specific question of the seller’s solicitor who will then ask the specific question of the landlord or management company and then you will have the definitive answer.Can I clarify anything for you?Please don’t forget to rate the service positive. It is an important part of the process.Best wishesFES
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