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MatthewM1117
MatthewM1117,
Category: Law
Satisfied Customers: 866
Experience:  Expert
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My friend is worried they own.a section 106 property and

Customer Question

My friend is worried they own.a section 106 property and their agent told them it's ok to rent it which they did but now apparently they should have told the council
JA: Where are they? It matters because laws vary by location.
Customer: Cornwall
JA: What steps have they taken so far?
Customer: They have rented it out but worried about telling the council
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nope
Submitted: 12 days ago.
Category: Law
Expert:  MatthewM1117 replied 12 days ago.

Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Can you attach a copy of your friends title documents so that I can review the same?

Customer: replied 12 days ago.
I don't have access to that but I know they did say that their lease states that it has to be sold subject 10 s106 restrictions
Customer: replied 12 days ago.
I'm worried about what the council would do if they found out ??
Customer: replied 12 days ago.
Pls help me
Expert:  MatthewM1117 replied 12 days ago.

Thank you for the confirmation, without the title documents I cannot be certain however I must say that from practice most properties subject to s.106. have conditions that the property must be your  friends only or principal home and cannot be used as a 'buy to let', second home or holiday let.

Customer: replied 12 days ago.
I think they said that if they tell the council then the council will let them rent it out for a maximum of 12 months
Customer: replied 12 days ago.
My friends are worried as they just rented it ..they did say to their agent that it was a s106 property but the agent said it shouldn't be an issue
Expert:  MatthewM1117 replied 12 days ago.

When you refer to an agent do you mean estate agent?

Customer: replied 12 days ago.
Yeah estate agent
Customer: replied 12 days ago.
I hope they won't be prosecuted
Customer: replied 12 days ago.
What will the council do
Customer: replied 12 days ago.
Expert:  MatthewM1117 replied 12 days ago.

Thank you I would not be reliant on information provided by an estate agent especially if they did not have sight of the title documents. It would not amount to a criminal prosecution, when does the current tenancy end?

Customer: replied 12 days ago.
It ends dec 2021 buy I think their tenants may not leave and they may have to evict them
Customer: replied 12 days ago.
Will they be fined??
Expert:  MatthewM1117 replied 12 days ago.

I would advise that before your friend does not re-let the property they check that there are no restrictions in place. Hopefully the tenancy ends and the tenant moves out and the council do not find out the property was let out.  A fine is a possibility if they have let the property out without consent.

Customer: replied 12 days ago.
How much would the fine be ??
Expert:  MatthewM1117 replied 12 days ago.
This would be done to the council.
Customer: replied 12 days ago.
The council would issue the fine ??
Customer: replied 12 days ago.
Down to the council ? Would it be very expensive?
Expert:  MatthewM1117 replied 12 days ago.
It would be for the council to issue the fine, and they would have a wide range of discretion on the matter.
Customer: replied 12 days ago.
Would it cost over 2000 pounds ?
Expert:  MatthewM1117 replied 12 days ago.
I could not say, each council are autonomous and would deal with the matter in their own way.
Customer: replied 12 days ago.
Thanks I hope it wouldn't be too expensive
Expert:  MatthewM1117 replied 12 days ago.
Glad to be off assistance we wish you and your friend all the best going forwards.