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