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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6453
Experience:  Solicitor
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Assistant: What is your issue regarding? We purchased a flat

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Assistant: Hi. What is your issue regarding?
Customer: We purchased a flat in March, specifically to let as a holiday let. The seller confirmed it was permitted as a holiday let (he was also a director of the management company so stated if he said it was ok then it was ok). The estate agent put it forward to us as a potential holiday let and passed on the sellers confirmation. The conveyancers confirmed verbally that it was ok (we specifically told them this was to be a holiday let). The lease has a clause 'not to use the demised premises nor permit the same to be used for any purpose whatsoever other than as a private dwellinghouse in the occupation of one family'. A director of the management company has noticed us letting and stated this contravenes this clause in the lease. From my brief research I can see we have a problem. Do I have any comeback with the seller, agent or conveyancer? Thanks
Assistant: Where are you located? It matters because laws vary by location.
Customer: England (flat is in Torquay)
Assistant: Has anything been filed or reported?
Customer: No - I have telephoned the conveyancers who are looking into the lease
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: That's all thanks

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

Just to be clear, did the management co at any point say it was ok to let?

Customer: replied 7 months ago.
Hi - the seller was a director of the management co and said it was ok to let 'I'm a director and if I say it's ok then it's ok'. So not officially in writing. I also have an email from the estate agents 'I have spoken to the seller and he has confirmed you can holiday let and has instructed his solicitor.'

Ok, so is this now someone else saying you can't let?

Customer: replied 7 months ago.
it's another director of the management co. When the seller sold he ceased being a director of the management co. and I became a director in his place. There are 3 directors.

Ok. Then you do have a claim for breach of contract by the seller. You can't blame the agent or conveyancer, this is solely at the door of the seller.

He/she represented that it could be used for the purpose intended and it can't. So the seller is who your claim is against.

Can I clarify anything for you about this today please?

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 7 months ago.
That's useful. No further clarification required, thanks. Thanks for your help.

All the best.