two kitchens in one house

[ice2013]

HI all,

First of all Merry Christmas and Happy New Year to all of you and your family,

I have a 4 bedroom house which has two kitchens in it, my wife is a strictly Muslim person and does not allow Pork in the kitchens so I have converted one of the rooms into a Kitchen as I have two lodgers living with us. The house has one bath room upstairs in the loft room and one on the first floor. When the house was going under full renovation my neighbour reported me to the council stating I was fully converting my house into two flats. I have one entrance door and one Gas-electric meter. The planning office has visited the house 8 times in 1 year to see if I had put up two entrance doors and Meters but realised at the end it was not going to change. I have just received Enforcement Notice instructing me to remove the second floor Kitchen, Cupboards,Fridge and sink as they believe the house has been unlawfully converted into two self contained flats. They agree its not fully converted but if I put up a separate door and meters it would be.
I have informed them most fellow Jewish people have two kitchens which they agree but stated I he is doing his job. Nor me or my wife wants lodgers in the house but life's hard and I have a big mortgage to pay.

Somebody help me please

 

[cjard]

You know, it would be an awful lot easier if you just advertise for tenants who are prepared to either

a) be Muslim and hence already agree with your beliefs or
b) get their pork fix from the butty van on the way to work rather than bring it into the house, and thereby demonstrate respect for your religious beliefs

You see plenty of adverts saying "no smokers, no dss, no pets" etc on rentals.. "No pork" isn't so much different

I can see that both sides have a point in this argument; if you feel strongly about keeping your second kitchen, have your solicitor write them a letter of complaint geared toward racial intolerance

 

[Architexeter]

There is no law against having two kitchens but there are laws relating to subdividing a dwelling woithout planning consent. Your situation sounds grey and the Enforcement team is acting in response to concerns received.

Discuss this with them being clear and transparent about the truth and offer to submit a Statutory Declaration (contact your solicitor) stating that you are using it as a single dwelling and have no intention of subdividing the property.

Enforcement have to show that they have acted in response to concerns and will hopefully just want something on file that they can hold you to if it ever becomes an issue in the future.

 

[noseall]

Sounds reet dodgy to me. If I was a planner I would be suspicious and rightly so.

No pork - my erse! Ooer missus!

 

[paulc2]

The fact remains, that unless you do put up the separate door, its not converted. So I can't see them being able to act on the Enforcement Notice. I'd stick it out and see what they try do next. After all, they'd need to enter your house and effectively commit criminal damage, to remove the kitchen, right? And that's not likely?? And if they do try, call the police.

 

[rjm2k]

does not allow Pork in the kitchens

I assume you mean she doesn't allow Pork in HER kitchen rather than both?

All sounds a bit dodgy to me.

 

[cjard]

The fact remains, that unless you do put up the separate door, its not converted. So I can't see them being able to act on the Enforcement Notice. I'd stick it out and see what they try do next. After all, they'd need to enter your house and effectively commit criminal damage, to remove the kitchen, right? And that's not likely?? And if they do try, call the police.

The house already has separate bathrooms, kitchens and living spaces. If all that stands between it being one dwelling and two is the presence of a separate lockable dividing door and a gas meter, these are both things that can be fitted internally (make the hall more of a lobby) and out of sight of the enforcement team.


Any actions to remove extra kitchens/bathrooms would be backed up by court order, the council would employ contractors to do so and charge the cost of works to the owner. Their actions wouldn't be criminal because they would be legally sanctioned

 

[paulc2]

Aah, didn't see the bit about 2 bathrooms too. Yeah, its kinda looking like 99% converted into two separate units.

Do you have a mortgage and does it allow lodgers on it? (I know its not fully relevant, but worth asking too).

 

[rjm2k]

Don't forget the tax man either, rent a room is just for 1 lodger afaik

 

[tony1851]

Leaving aside the issue of the OPs true stance on the house, it is imperative that he appeals the Enforcement Notice. Not to comply (or appeal) is a criminal offence. If he does not appeal it within the 28-day period, the council will also be able to get a court order to undertake the work described in the Notice, and to charge the OP for doing so, plus costs.

 

[OwainDIYer]

Aah, didn't see the bit about 2 bathrooms too. Yeah, its kinda looking like 99% converted into two separate units.

Do you have a mortgage and does it allow lodgers on it? (I know its not fully relevant, but worth asking too).

If the lodgers are not actually sharing the household with the landlord, and have what amounts to self-contained accommodation, then they may be acquiring tenancy rights by default and can be a lot harder to evict.