I am a landlord and live in my converted barn with my wife and son, in the grounds of my main house. This house is let on an assured short hold tenancy.
I have an informal agreement with the tenant that I could live in the annexe (barn)
There is a shared drive, parking and one set of water and electricity bills which we share by agreement, (I have private meters for my usage).
The local planning department is seeking an enforcement order to prevent me inhabiting the barn, as they say I am using it as a separate unit of habitation. They had, however, previously written to me advising that I would not need planning permission to use the barn as an anexe as long as I made no material changes to it, as it's an existing curtilage building.
They then instructed the Valuation office to value the barn for rating purposes, which they did and for the last 6 months I have been paying separate council tax.
I am aware that the council can apply double standards by rating a property as if it was a separate unit of habitation, and then enforcing the prevention of its use as a separate unit.
It is quite common for annexes to be let, but not so the main house with the annexe retained. In Uttlesford v SSE and White  JPI 171 it was held that there was no reason why in law a building that has separate facilities expected in a self contained unit should become a separate planning unit from the main dwelling.
Is the planning department wrong in trying to try to evict me, and what exactly is my legal right to residency? Am I a resident landlord? I rather think I am the guest of the tenant, who has rented the whole property.
I shortly need to reply to a planning contravention notice, I am claiming this is an ancillary use. Any advice appreciated.