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John
John, Solicitor
Category: Property Law
Satisfied Customers: 1931
Experience:  10 years legal experience
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I have a question about appeals to residential tribunal in

Customer Question

hi i have a question about appeals to residential tribunal in relation to a condition imposed by Brent Council.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have a room in the garden with planning permission (obtained long time ago) that i was using a bedroom as part of an HMO. the council added a condition saying the room cannot be used for sleeping. They are referring to some HMO document that says Sheds and garages cannot be used for sleeping. In my case it is a room with planning permission
JA: Where is the property located?
Customer: i have the planning permission notice. The property is in Brent council in London.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no it is a simple case and i just need advise on the process and understand any risks in appealing
Submitted: 19 days ago.
Category: Property Law
Expert:  Virtual-mod replied 19 days ago.
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Expert:  TetyanaP-admin replied 17 days ago.
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Customer: replied 17 days ago.
Keep looking please
Otherwise please issue a refund
Expert:  John replied 14 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can.  I may also need to ask you some clarifying questions to determine the legal position.

Expert:  John replied 14 days ago.

Thanks for your message, I appreciate it is important to you. How is it I can help you with this please?

Expert:  John replied 14 days ago.

Without the information requested in my previous response, I can only give you a general answer, but I hope this helps.

It is unclear what it is precisely you are asking but if you disagree with their decision and you’ve asked your local council for an appeal, a tribunal will look at the decision. Tribunals are independent from your local council, so they might change the council’s decision. They’re run by HM Courts and Tribunals Service (HMCTS) and overseen by a judge.

If you ever require legal representation I have posted links below for organisations that can help you for free. They are

We are Advocate

https://weareadvocate.org.uk/

They match members of the public who need free legal help with barristers who are willing to donate their time and expertise in deserving cases for those who are unable to obtain legal aid and cannot afford to pay.

Law works

https://www.lawworks.org.uk/

LawWorks is a charity working in England and Wales to connect volunteer lawyers with people in need of legal advice, who are not eligible for legal aid and cannot afford to pay and with the not-for-profit organisations that support them.

Law Centres Network

https://www.lawcentres.org.uk/

Law Centres deliver advice through lawyers and qualified caseworkers and defend the rights of people who cannot afford a lawyer.

Expert:  John replied 14 days ago.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Expert:  John replied 14 days ago.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John

Customer: replied 12 days ago.
hi John, apologies in taking long to respond, I'm new to justanswer and not used to it yet.
Basically my question was about the worthiness of an appeal as the council is preventing me from using a room in the garden i have permission for for sleeping purpose. I guess planning law is different than the housing act and while i do have permission they might still make case for it not to be used.
i just want an opinion on the above question
Expert:  John replied 11 days ago.

Good afternoon, it is worthy of an appeal just for the simple reason the alternative is not do so and allow the council's decision to take precedent. However from what you have stated, the issue relates to the use of the room, rather than being granted planning permission to have the room. If it is a condition of the council that the room cannot be used for sleeping, and you are indeed using it for sleeping purposes, then it may be difficult for you to challenge it. But you of course may argue that you obtained planning permission for the same and could use that as the basis for your defence. It is difficult for me to comment any further but I would recommend you appeal it as then you will at least have a decision from the tribunal. All the best, John.