http://www.landlordzone.co.uk/forums/ en Sat, 25 May 2013 13:01:46 GMT vBulletin 60 http://www.landlordzone.co.uk/forums/images/misc/rss.png http://www.landlordzone.co.uk/forums/ http://www.landlordzone.co.uk/forums/showthread.php?55465-Certificate-of-Lawfulness-issued-in-2005-but-enforcement-made-to-demolish&goto=newpost Sat, 25 May 2013 12:48:57 GMT Hi Everybody,
I have a very peculiar situation that i would like some help on.

in 2005 i made an application to convert the garage into a play room. permission was granted and certificate of Lawfulness was issue in June 2005.i would like to point out that, i have added a toilet&shower to the play room and an electric stove. in the month of February this year, planning enforcement agents came to my house and went to inspect the 'playroom' bare in mind at the time i was not at home and my mother who was staying over, let them in as they were escorted by two Police officers. a few weeks later, they sent me a later saying that the 'playroom' was illegal and needed to be taken down. i called the enforcement planer and informed him that the building is lawful and i have a certificate to back-up my claim. He was surprised by this and made checks on the council's portal and said he would call me back the next day. nothing happened for two weeks. I then called him back to inquire as to what was happening and he informed me that the council would be taking legal proceedings against me. in the enforcement later, he states that the 'playroom' is too big in size and scale and does not comply with the GPDO schedule2 part1 of class E.
Now i am slightly confused as to where i stand on this ( a letter has also been sent to my mortgage provider)

from my phone conversation with the officer, after receiving the first letter, i said that should the electric stove been a problem, i would hapily remove it. i also mentioned that i would not have a problem removing the toilet either. i now have 3 months to demolish the 'playroom' or appeal.

from what i read on this forum and various others, i believe that i have a strong case if i appeal, in the sense that i have the CLD and it has been over 4 years since the construction was completed. nearly 7 years now.
i have asked people in the council that work in the planning department, and they were all baffled by the enforcement notice as i have CLD and that at worst i should be made to return the 'playroom' as per the original certificate.

can anybody please help as to where i stand on this?

PS: Really sorry about this long post, however, i am really exasperated and this point and need all the help i can get. ]]> megamike187 http://www.landlordzone.co.uk/forums/showthread.php?55465-Certificate-of-Lawfulness-issued-in-2005-but-enforcement-made-to-demolish http://www.landlordzone.co.uk/forums/showthread.php?55463-Party-wall-notice-on-garden-wall&goto=newpost Sat, 25 May 2013 09:59:06 GMT The next door neighbour erected a trellis on top of the wall which has plunched my kitchen into darkness. I have tried the local authority and sayit is too late to do anything. But as it is an adjoining garden wall shouldthey not have asked permission of the freeholders first!!:(devil): The next door neighbour erected a trellis on top of the wall which has
plunched my kitchen into darkness. I have tried the local authority and sayit is too late to do anything. But as it is an adjoining garden wall shouldthey not have asked permission of the freeholders first!!:(devil): ]]> surreygirl http://www.landlordzone.co.uk/forums/showthread.php?55463-Party-wall-notice-on-garden-wall http://www.landlordzone.co.uk/forums/showthread.php?55380-building-regulations&goto=newpost Tue, 21 May 2013 21:19:53 GMT what are the the implications if you do not follow building regs approval when converting 3 no. Existing flats into 5 studios. I.e. comply with part b fire, but not part e sound & part l, energy.
Cheers
Chris ]]> chrisbee http://www.landlordzone.co.uk/forums/showthread.php?55380-building-regulations http://www.landlordzone.co.uk/forums/showthread.php?55323-Unregistered-land-how-to-acquire&goto=newpost Sun, 19 May 2013 12:47:02 GMT Looking for any general advice or experience please. This is not the usual "how can I get something for nothing". Our community has used a piece of land for many years. A large corporation is trying to open one of their franchises in a building next to the land but needs to steal some of it to allow their plans to become possible. The community resent the plans and are in the middle of a hard-fought campaign to stop the corporation going ahead. The community would like to formally acquire the land - LR searches have shown that it is unregistered. The community have a better claim than the corporation but the land has not been fenced and public access has been possible for decades. Applications have been made to make it "common land" or "village green" but the wheels grind slowly on those. Does anyone have any suggestions as to how the community can protect this land from being stolen? All suggestions welcome! ]]> islandgirl http://www.landlordzone.co.uk/forums/showthread.php?55323-Unregistered-land-how-to-acquire http://www.landlordzone.co.uk/forums/showthread.php?55294-Neighbour-puts-his-ladder-on-my-fence&goto=newpost Thu, 16 May 2013 18:52:14 GMT My flat has a garden demised to it. I have fenced all around with concrete posts and wooden panels. The fence is entirely inside my property boundary and nowhere forms a party wall. One side of my garden has boundary with Council flats. The Council tenants have put up on my fence a ladder... My flat has a garden demised to it. I have fenced all around with concrete posts and wooden panels. The fence is entirely inside my property boundary and nowhere forms a party wall. One side of my garden has boundary with Council flats. The Council tenants have put up on my fence a ladder standing inside their garden, resting on the top of my fence and sticking above this about 3 feet. It trespasses the air space a few inches. The ladder gives easy access to burglars and to the rear of the building. Next to the ladder the Council tenants placed on my fence poles and slabs also leaning on my fence and sticking above. My garden has boundary also with a park and a road. The bad thing is that the ladder is visible from the park and any one walking on the road.

As soon as I saw the ladder, I wrote a complaint to the Council asking them to 'immediately remove the ladder as it tresspasses the property and causes loss of security'. I also said how it affects me and my family. I asked The Council that all should be in post or email - so that I have paper trail. If you allow the Council to telephone you they talk you down. The response of the Council is ’they are looking into the matter’ In the past year twice the Council trespassed my property by dumping timber on my door and nailing a gate on my wall. Only when I threatened legal action they apologised.

Any one has advice how to make the Council move their ladder from my fence?

I though of pushing over my fence ladder and all. The problemn is that both tenants man and woman will retaliate. If the Council refuses to tell tenants move the ladder away from my fence what can I do? I asked a surveyor to do a report for my fence that it is not a party wall and the ladder trespasses my property. I have the receipt for the construction of the fence. The next option is to spend some cash and built a brick wall next to my wooden fence so that the boundary is solid. ]]> Galatea http://www.landlordzone.co.uk/forums/showthread.php?55294-Neighbour-puts-his-ladder-on-my-fence http://www.landlordzone.co.uk/forums/showthread.php?55270-Enforcement-notice-never-complied-with-can-breaches-become-lawful-over-time&goto=newpost Thu, 16 May 2013 09:03:46 GMT I'm looking at purchasing a resi property at auction. Various extensions were built without planning/PD and enforcement notices were served, appealed against and mostly upheld. A period of six months was given for the property to be returned to as was. This was in 2009 and to date no action has been taken to remedy the breaches. Is there a point at which the unlawful developments subject to the enforcement notice can no longer be enforced. If so, would this run from the enforcement notice date, the appeal decision date, the deadline by which breaches should have been remedied; or none of these? ]]> Brixtonia http://www.landlordzone.co.uk/forums/showthread.php?55270-Enforcement-notice-never-complied-with-can-breaches-become-lawful-over-time http://www.landlordzone.co.uk/forums/showthread.php?55258-Permission&goto=newpost Wed, 15 May 2013 19:08:58 GMT I've found another property I may buy.
F/F maisonette lease hold and option to buy free hold maybe shared not sure.
The garden is on the side of the flat and big enough to build a house on.
I have an Idea to buy the free hold and try to get planning permission to build.
As the land in question is on the lease/title of the flat I wish to buy would I need the consent of the ground floor flat owner to build?

Thanks :(nod): ]]> Trevor62 http://www.landlordzone.co.uk/forums/showthread.php?55258-Permission http://www.landlordzone.co.uk/forums/showthread.php?55088-Offices-to-Residential-Permitted-Development-Any-done-yet&goto=newpost Wed, 08 May 2013 07:43:24 GMT THanks to jolly old Mr Pickeles offices to homes will be permitted so no permission required. I'm not sure when it comes in though anyone know ?

cheers ]]> chloe_1775 http://www.landlordzone.co.uk/forums/showthread.php?55088-Offices-to-Residential-Permitted-Development-Any-done-yet http://www.landlordzone.co.uk/forums/showthread.php?55021-I-have-lost-2-foot-of-my-garden!&goto=newpost Fri, 03 May 2013 14:55:14 GMT I own a massionate where I own the ground floor flat. It has a shared garden with flat upstairs everything has been ok for the past 25 years. I share the freehold with the upstairs landlord who also rents the flat out. He has just bought the flat and share of freehold. The other day he... I own a massionate where I own the ground floor flat. It has a shared garden with flat upstairs everything has been ok for the past 25 years.

I share the freehold with the upstairs landlord who also rents the flat out. He has just bought the flat and share of freehold.

The other day he errected a fence seperating our 2 gardens and laid a new foot path on my garden. He has eaten 2 foot into my garden.

I called him and said you have errected the fence 2 foot into the my garden. He said there was nothing I can do and was happy for me to waste my money on surveyors and lawyers as he would never pay even if judgement against him!

My reaction is to just take the fence off my garden. Is there a non time conusming and cost effective way of dealing with this. Or is this another area of the law that does not help the landlord.

Many Thanks:( ]]> 600600 http://www.landlordzone.co.uk/forums/showthread.php?55021-I-have-lost-2-foot-of-my-garden! http://www.landlordzone.co.uk/forums/showthread.php?54990-No-Gas&goto=newpost Thu, 02 May 2013 08:34:33 GMT I've found a property in London a leasehold that I'm considering to buy. I have one issue, the property has no gas supply so everything runs on electricity.
I've been quoted by the national grid £1'000 to run a pipe from the street to the building which is a first floor maisonette, none of the 4 flats in total in this semi detached style building with two flats either side having a gas connection.I would have to get the gas supply plumbed in separately so I can install central heating and a gas cooker.

Could I have some opinions on whether this option would be financially beneficial regarding power bills etc.

At the moment the flat is heated with electric radiators as well as a boiler system to heat the water.

What sort of costs would generally be involved to change everything?

Are properties harder to sell without a gas supply?

Cheers. ]]> Trevor62 http://www.landlordzone.co.uk/forums/showthread.php?54990-No-Gas http://www.landlordzone.co.uk/forums/showthread.php?54904-Computing-value-of-roof-airspace-above-flat-to-extend&goto=newpost Sun, 28 Apr 2013 18:25:45 GMT I live on the top (4th) floor of a converted Victorian building and want to extend my (leasehold) flat by adding a new (5th) floor above my current
flat. My leasehold agreement states that in order to proceed, I should
apply to the freeholder to seek their permission and 'such consent is not
be unreasonably withheld'. I plan to live in the flat afterwards if the
extension goes ahead.
As I am doing this for the first time, are there any pitfalls I should look out for and how do we arrive at a 'value' for the roof airspace into which I would build if permission were granted by the freeholder? Are there
different ways of computing this value? ]]> Inigo58 http://www.landlordzone.co.uk/forums/showthread.php?54904-Computing-value-of-roof-airspace-above-flat-to-extend http://www.landlordzone.co.uk/forums/showthread.php?54883-new-coffee-shop-opening-below-me-now-applied-for-alcohol-licence&goto=newpost Sat, 27 Apr 2013 13:55:05 GMT Hi not sure if anyone can advise here. A former bank that was below my flat got planning permission approved to convert into a coffee shop (planning app showed 8am - 5pm 7 days a week) didnt mind so much then, for the last year whilst they are renovating its just been hell living above... when the... Hi not sure if anyone can advise here. A former bank that was below my flat got planning permission approved to convert into a coffee shop (planning app showed 8am - 5pm 7 days a week) didnt mind so much then, for the last year whilst they are renovating its just been hell living above... when the planning was approved our flat was rented, so when we moved back in the work had already started. I can not see any party wall agreements online, not sure if they would be or not. No major issues, a few cracks have appeared either from wear and tear or from the building work i dont know.

After a year of work we got a change of planning so they would be open 7am - 9pm every day. We questioned them why they would be so late and they just said it would be quiet and just a coffee shop and a deli area and that they would not be making food (they are due to be opening a restaurant/bar 3 shops away and the planning notice on that shop window says "sale of application for sale of alcohol on the premises and late night refreshments" if you want to comment do it by...... ).

So the later hours was approved by the council saying it would not be a nuisance. (btw they currently have a A3 Licence) and as per above a notice of planning has gone on the coffee shop below saying they have applied for a alcohol licence ("for the sale of alcohol on and off the premises"). I am not sure if this is just say for the deli where they may be selling italian wines, or if this means it would be able to be drunk on the premises, turning it into a bar, (now or later)

For us now having potentially a bar will be a total nightmare from noise and people outside our flat.

Just wondering if they apply for this alcohol licence (is it normal to specify on and off the premises?) also can they then apply for later hours of opening and would A3 be easy to change to A4? be allowed to make food or serve alcohol as well as well it.

This will of course I am sure negatively effect my house price by having a bar/restaurant directly below our flat.

I want to contact the neighbours and try and put a stop to it but not sure what to do and if it would even make a difference.

It doesnt say they are applying for change of use or extended hours yet but why would a coffee shop want alcohol licence, and would it do anything to request a copy of party wall agreement or no point?

I know it sounds very rambled and more venting but just mad about this, the way it was carried out and having a bar below us!

Anyone with thoughts would be greatly appreciated :-)

Sandy ]]> tok2850 http://www.landlordzone.co.uk/forums/showthread.php?54883-new-coffee-shop-opening-below-me-now-applied-for-alcohol-licence