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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2568
Experience:  Solicitor
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We let a house to 4 adults with learning difficulties. Each

Customer Question

We let a house to 4 adults with learning difficulties. Each tenant has an assured shorthold tenancy. Because of the limited capacity of the tenants staff are present whenever tenants are in the property including sleepovers. The care contract is between the local authority and a private care company. Our mortgage lenders are now threatening full repayment of the buy to let mortgage as they say the provision of a room for sleepovers should have a tenancy and that staff sleeping over means that the property is not used merely as a dwelling. Any advice would be greatly appreciated.
Submitted: 4 months ago.
Category: Law
Expert:  Nicola-mod replied 4 months ago.
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Customer: replied 4 months ago.
Hi Nicola - I'm happy to wait for an answer.Thanks,Mick Topliss
Expert:  Nicola-mod replied 4 months ago.
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Expert:  Jamie-Law replied 3 months ago.

Hello my name is ***** ***** I will help you with this.

Have you spoken to the Council to see if a change in planning is needed or whether they consider this a dwelling?

Customer: replied 3 months ago.
The property has been let since 2007. The local authority don't require the property licensing as a HMO as there are less than 5 tenants and less than 3 storeys, although the property is effectively a HMO having 4 tenants. All the tenants have learning difficulties therefore support staff sleepover at the property. Our mortgage leander has just decided that the support staff should havea tenancy and that the property should be defined as a 'place of work'. Are they correct?
Expert:  Jamie-Law replied 3 months ago.

Ok - then I can not see how this makes it any different. Unless the terms of the mortgage prevent the staff staying over then its not a breach.
It would only be a breach if there would be a change of planning needed.

They can not just define out of the blue its a place of work. They have known since 2007 and as such they cant just change their mind 9 years later.

Can I clarify anything for you about this today please?

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