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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I bought a house in Jan'16 (Hounslow). It has a side

Resolved Question:

I bought a house in Jan'16 (Hounslow). It has a side extension (properly approved from the council).
it also has a side entrance (totally independent portion). I rented that room to a couple.
There is an en suite bath inside that room. I also put a washing machine and electric cooker in that room.
Please let me know if it is legal to do that ? I didn't ask any one in the council to rent it, do I need to ?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I got a letter yesterday from council that I need to call them. I called them today then he said that some one complained that I converted my house to flat. council is coming to see my plan on Friday. in the main part of the house I live with my family and I rented that extended room only. House has total 5 bedroom and I don't need that room, so I rented it. Please let me know what should be my plan of action to keep it rented.
Expert:  propertylawyer replied 1 year ago.

Hi

If you are renting it will need to meet regulations for safety purposes.

It may also need consent if it is used as a separate dwelling as the side extension may have stated it is incidental to the main dwelling and not to create a separate dwelling.

The council will advise what you need to do, if anything, to continue renting it out.

Customer: replied 1 year ago.
Thanks for your reply. I don't think extension was for a separate dwelling. Can't it be treated part of the same dwelling ?Who will give consent if it has to be used as a separate dwelling and what is the process for that ? is it very expensive ? in that case mortgage/council tax/insurance every thing will be separate ?
Expert:  propertylawyer replied 1 year ago.

You may have to split for council tax.

Insurance, ring your insurer. You may have to change cover. You may need additional cover.

Mortgage, you probably need consent of the mortgage company to rent out. Having an occupier can effect the lender's security.

Do you have a tenancy agreement? You should to have control and protect your interest.

What about deposit, is that registered with the protection scheme. You can be sued if not.

Customer: replied 1 year ago.
Thanks again.
I hope council can advice me about Council tax split.I will talk to insurance and Mortgage people for that.
I have prepared a 'Room Rental' agreement and took deposit, but not protected it as I was not sure about the tenancy type, is it considered as room share or independent flat tenancy ? and should I have a short term tenancy agreement ?
Expert:  propertylawyer replied 1 year ago.

Type of tenancy will depend on letting. If you regard them as a lodger then room rental agreement may be fine. If you have created a separate dwelling then you may be better off with a n assured shorthold tenancy, then you will need to protect the deposit.

The council should be helpful. If anything needs to be done they will advise and give you time to comply.

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