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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8721
Experience:  I have been practising for 30 years.
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Hallo I am the owner of a apartment at the city centre of

Customer Question

Hallo
I am the owner of a penthouse apartment at the city centre of Manchester in Uk . I bought it at 2009 and I didnt know that the apartment I cant rent it as a holiday letting but only residential
Is there any possibility to change my lease and permit the holiday letting ?? or any other solution? otherwise I am oblige to sell it cause is my only income this moment .. I rent it for 1000 pounds and is a 1 bedroom /If I could rent it as a holiday letting everything could be much better . My apartment is at the city centre of Manchester
Could you please inform me ?? if i have any solution to be able to rent it as a holiday letting?
Thanks
Kind Regards
Marika Klambatsea
Submitted: 4 months ago.
Category: Law
Expert:  Nicola-mod replied 4 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 4 months ago.
Hallo
Yes I am ok!
Thank you
I hope this answer to be as soon as possible!
Expert:  Nicola-mod replied 4 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  F E Smith replied 4 months ago.

In the lease, does it say that it can only be used as a Private Dwelling?

When did you discover this problem?

Have you been holiday letting it in the past and has anyone objected?

When you purchase the property, did you tell the solicitor who acted on the purchase that you wished to use it for holiday letting?

Customer: replied 4 months ago.
Hallo
Yes the lease says that I can rent it only as a residential occupancy not for a short term as a holiday letting
I never knew the English laws that when you buy a property you cant do what you wish,,,And I did discover it last year when I wanted to sell it even if is a very nice apartment but because Is neseccary to increase my income and in this case was not possible to rent it as a holiday letting.
No I never tried to rent it as a holiday letting . I have asked them and they were very aggressive to me telling me that if I do this they will give me a penalty going me to the court,,,, I never insisted I only asked them ... So my question is if there is any possibility to change my lease .. in any way? The apartment is in one block of may different blocs with apartments Mine is at block 9 on the 13th floor . Kind regards ***** *****
Expert:  F E Smith replied 4 months ago.

Thank you.

If your question is whether, if the landlord will not allow this, you can take them to court and make them change their mind, then the answer is no. Based upon what you said, if they refuse, the court application will fail.

When you bought the property did you tell the solicitor that you may want to holiday let in the future and did he bring this to your attention?

You may have a claim against the solicitor although as this is over 6 years ago, you may be out of time to bring a claim under the Limitation Act.

Customer: replied 4 months ago.
I am ,,, the owner of this apartment .I bought it as I told you at 2009,Could I rent it in a periodic tenancy then? week by week? Nowhere is written that is not permitted to rent it for a short term
So I could rent it week by week ,,, no?Thanks to let me know if under the law I have this right
Customer: replied 4 months ago.
What does it means residential occupancy? it means that I cant rent it week by week? sorry can you make clear that to me?Could I rent it residentially to different tenants in a periodic tenancy ?Thank you
Expert:  F E Smith replied 4 months ago.

This question is, believe it or not, extremely common.

If you let it week by week to anybody other than the same person, and because the landlord is being so aggressive, you are likely to end up in court because that is not a Private property.

I would need to see the exact wording of the provision in the least answer you in detail. it is usual for the provision in properties like this, particularly of its prestige property, to specifically exclude this kind of letting although sometimes the wording is vague such as “Private home for one family”

Let me have the exact wording of the clause in the lease and I will tell you whether you can do what you are proposing to do. I will tell you now, even without seeing it, I think it’s unlikely you could rent it on anything other than a minimum six month Assured Short hold Tenancy.

Customer: replied 4 months ago.
I will try to copy this page and send it to youis written in a specific part only that I can rent it as a residential private occupancy .. nothing else nothing for a periodic restriction tenancy or short term definition ,,, I remember when I have asked him if i could rent it for a short term ,, he was concern more and afraid I f i rent it for many people ... but this was and is not my project ... I would like to let it for a couple cause is a 1 bedroom property ... I think this lease is not very clear and i felt like he tried to confuse me with my poor English ... he send me so afterwards the pages that speaks about all these ,,, I will try to copy for you cause may ne there we can find the way ... I really dont want to sell this apartment ,,, so May be to find an alternative way to hold it . Thanks for your care
Customer: replied 4 months ago.
please have a look at the lease attachement
Expert:  F E Smith replied 4 months ago.

Thank you.

Incidentally,if you have a mortgage on the property, unless you have a commercial mortgage on the property,(not a residential mortgage or a Buy to Let mortgage) then your mortgage lender is unlikely to consent you are proposing to do and if you go ahead regardless without the lender’s consent, the could stop repossession proceedings if you do holiday lettings. I have to assume therefore that you don’t have a mortgage.

The relevant part of the lease is on page 38, part 2, clause 1.

There are several parts to this.

Only as a Private residence.

Only as a single household

Not to carry out any business.

Operating this as holiday letting or guesthouse would not fall within the parameters of private residence.

Single household would do provided there is only one family staying in the property.

As you are doing this to make money, and not simply because you feel particularly benevolent to people who would be staying there, then you would be running a business.

I’m sorry, you simply cannot do what you propose to do and even if you made the court application to get the lease changed, the court would not intervene.

Can I clarify anything for you?

Please rate the service positive. It is an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES

Customer: replied 4 months ago.
Thank you so much!!
Please let me know how I can pay for this service you did for me
I rate it excellent!
My e mail is***@******.*** Please give me your e mail as well .Only a question... more do you think is it intelligent to contact once more by e mail the person responsable for this ? can you may be do it for me?? cause your English and knowledge is right ? I understand that depends from him and if he is positive to aloud this .... explain that I will rent it only for a couple and I need to keep the property cause may be later and is true I would like to live in England ... I am 62 years old and in Greece this moment is under a catastrophe ,,,, I can give you his e mail . If you think that this is not possible can you may be suggest or advice me any properties in future which I could invest in case I sell it cause I have put it for sale already by Hunters and I could use the new property as a holiday letting? Thank you Kind Regards
Expert:  F E Smith replied 4 months ago.

We can only have contact on the website.

We can’t take casework on for you I’m afraid.

If you sell this property and buy another property, you need to make sure that you tell the solicitor what you intend to do with it so that the solicitor will be looking out specifically for that provision in the lease.

You should be able to see a link which enables you to rate my answer with a star rating on here. Please let me know if you have any problems with it.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8721
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Is everything ok? I could not find more than 50% satisfaction so I indicate what was written is that right? do i need to do something more?
Expert:  F E Smith replied 4 months ago.

No, that’s fine. You have sorted the rating out satisfactorily. Best wishes.

Customer: replied 4 months ago.
Thank youCustomerI will contact you you again may be later for other matters
My Best Wishes Marika Klambatsea
Expert:  F E Smith replied 4 months ago.

No problem. Best wishes

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