Tenant got planning permission for C2 usage without my knowledge?

When submitting the planning application, the tenant ticks a box to say they’ve sent you a Notice about the application.
The planners don’t check this.
Therefore, the approval is void. Write to the planners to object.

Reply to the comment left by Rich Robson at 26/09/2023 – 16:08
If it is deemed to be a business, you may need a commercial lease, in which case please get proper legal representation from a commercial property lawyer. You should ensure it is contracted OUT OF the Landlord and Tenant Act 1954.

Ask for the charity to pay your legal fees, and specify that they must pay them whether or not the transaction proceeds to completion, so you don’t end up with a big bill if they don’t go ahead.

I’d be contacting an eviction specialist and I’d want them out.

Just plain rude.

Reply to the comment left by Freda Blogs at 27/09/2023 – 19:38

Although sub-letting may be the “business” of the charity tenant the chances are that the charity isn’t itself “occupying for the purposes of a business (of the charity) in which case L&TA 1954 won’t apply. But caution is sensible.

What do they intend to do with the property? They may need to upgrade electrical fire safety too.
I would write to them asking for full details and specifying quality of alterations. Depending on their reply you could decide if it works for you or not and issue a commercial lease, change insurance etc. With them footing all costs.
If it doesn’t suit you then withhold permission for alterations.
It may work in your favour, if the upgrades suit your property

Thanks for the input. A few more details have emerged. I found the planning application online. The tenant charity had put themselves down as the owner. Odd that the Council has not asked for verification. They intend to house vulnerable youth. Have been solid tenants for 5 years, having used the house for key workers occasionally, but this is new and unexpected. Any further advice?

Reply to the comment left by Nick Price at 04/10/2023 – 23:33
Simple – contact the Council and tell them the facts!

Reply to the comment left by Nick Price at 04/10/2023 – 23:33Key workers vs vulnerable youth – very different risk profile and scope for damage at YOUR property.
There might simply be ignorance – a disconnect between those making the planning application and the estates team (if there is one) who should be familiar with the tenure situation. If it is a small charity who don’t have large resources to advise, they may just be well meaning without having the technical back up. In your shoes I would be making sure pronto that they are informed and seek a meeting to discuss.
I’d also be checking the Charity’s description at the Charity Commission as well as their governance provisions, in case they are overreaching the scope of what they are designated to do (and receiving funds for), as well as examining in detail their financial position (can they afford to remediate the property if damage occurs during or at the end of the term), the insurance provisions – who insures and is the policy fit for purpose, the deposit (if any), the repairing and alteration provisions in the agreement, and anything else you can think of that could land you in the financial or legal mire, as owner (such as HMO licencing), for their failings.
Good luck.

The more I think about it, the more I think that the charity has made the application for change of use fraudulently. They have both claimed ownership as well as failing to tell you, A larger well run charity would not make such an application without confirming ownership or informing you. A small charity would know that your property was not in their ownership as the number of administrators would be very small (one?), and be aware of making rental payments to you. Perhaps they are seeking change of use in the hope of receiving council or state funding assistance because their own income is proving insufficient to continue in their present guise. If things proceed ‘without you’ it could be much more difficult to recover your property in future, as you may find yourself having to battle both the council and the charity. You need to act promptly.

This should be a prompt for all those who’ve not already done so to register their interest for the properties they own on the Land Registry, so they are alerted of any enquiries made regarding the property.

I am not sure whether the change of use process would have triggered an alert; it would be nice to think it would.

One other point, I would have thought a lawyer would have been involved at some point in the process the charity undertook to obtain the change of usage, so it might be them that’s at fault, so tread carefully when speaking with the charity.