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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7506
Experience:  UK solicitor holding an England and Wales practising Certificate.
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does a tenant of a commercial building have a right to live

Resolved Question:

does a tenant of a commercial building have a right to live in the property even if the landlord has not given him permission to live there
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

Does the tenant have a written lease?

What does this stated the "permitted use" of the property is?

Kind regards,


Tom
Customer: replied 2 years ago.


yes he has a written lease for commercial use only

Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Unfortunately, there is no right for a commercial tenant to use their commercial premises for their own personal residential purposes implied by statute.

What this means is that unless the lease specifically authorises them to residentially live in the property then they would be in breach of the lease if they did live there. This means that the landlord could potentially evict them for breaching the lease.

The lease will likely state what the “permitted use” of the property is and state that the tenant is only permitted to use the property for the permitted use. Therefore, using it for residential purposes would be outside of the permitted use and therefore a breach of the lease.

I would look up the Permitted Use in the lease to check, but mentally prepare yourself to read that the use is restricted and that using for residential purposes is a breach of the lease.

I am sorry.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 2 years ago.

I am the tenant of a commercial property (public house) my neighbour is also a tenant of a commercial property in which he resides with no permission from the landlord. He complains constantly to the local authority about noise in the evenings resulting in an abatement order. Does he have a right to complain even though he is residing there without the landlords permission but has exercised his right to reside there under planning regulations? Also is there are a difference in acceptable sound levels between residential and commercial properties?

Expert:  Thomas replied 2 years ago.
Hi,

The local authority's environmental department will not be concerned about the tenant's right to reside in the property, they are concerned solely with the noise levels.

My advice would be to speak to the tenant's landlord about the matter and confirm that he is residing there in a residential capacity and see if they are willing to enforce the breach of lease.

Similarly i would contact the planning department and ask them to investigate whether they consider this a breach of the planning permission for the property.

Obviously, more noise is to be expected from commercial premises than residential premises and this is factored in to consideration as to planning permissiona and authorised uses of properties by the local authority. However, it's generally judged on a case by case basis..

Kind regards,


Tom
Customer: replied 2 years ago.


We have the same landlord as our neighbour if the landlord will not evict the tenant because he is in breach of the terms of his lease what action can we take against our landlord or the tenant next door we were told by our landlord that when they let the neighbouring property they would not be allowed to reside above it as this would be a conflict of interests which has clearly happened and is costing us thousands of pounds and loss of business surely our landlord must have a duty of care under the lease

Expert:  Thomas replied 2 years ago.
Hi,

You need a lawyer to specifically check your lease, basically. If there is a clause in your lease in which the landlord covenants to enforce the terms of any other leases of adjoining/neighbouring property then you would have a claim against him if he has not enforced the lease against the residential use.

If there is no such clause then it's going to be very difficult, because you would have to rely on the pre-lease representation made to you by your landlord even though it was not included in your lease. This raises problems of whether such a statement forms part of your contract and it may be that he disputes actually making the statements.

In either case you would have enough to get a bit more formal without actually issuing proceedings getting a solicitor to write a letter before action advising that you consider the non-enforcement to be a breach of the lease and stating that you will issue proceedings. Hopefully this does the trick because if there is no mutual enforcement clause as mentioned above then you would be litigating on an oral statement made to you which may or may not be incoporated in to your contract with them, which is not a great starting point for litigation.

Kind regards.


Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7506
Experience: UK solicitor holding an England and Wales practising Certificate.
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