Did landlord inherit use of builders yard/workshop?

[Jayjee]

There is a space near to our cottage which our landlord uses to store bits and pieces of reclained building materials. This has not been a problem in the eight years we have lived here but he has recently started using it as a place of work. The sawing and banging and associated noise like shouting to his workmate and mobile phone calls has been a nuisance over the last few weeks but was a serious interruption when I was trying to work at home yesterday. He is working 2-3 metres away from my window.

When I mentioned to him (not in an agressive way) that I couldn't concentrate because of the noise he brushed it aside and said that "this is our place of work" or words to that effect. I pointed out that my cottage and the two adjacent properties (not owned by him) form a residential environment he just repeated "this is our place of work".

He's owned the property for about 20 years and I've checked all the council planning applications over that time and there's been no application for change of use to what he's using it for. There's a possibility that he inherited the right to use it as he is doing now and just hasn't bothered to exercise it. Is there any way I can find out whether he inherited the right to use it in that way? It's starting to drive us mad!

 

[wingcoax]

A call to the council enforcement department?

 

[big-all]

heeelllooo and welcome Jayjee

yes its possible it is a work place
when you looked round before renting the place how did he describe building and what there use where and did that influence you signing the contract
ask the council how the building is designated and permissable uses

 

[^woody^]

there's been no application for change of use to what he's using it for.

So how do you know what the approved use is, or that he has not been using it for the intended use until now?

 

[Jayjee]

there's been no application for change of use to what he's using it for.

So how do you know what the approved use is, or that he has not been using it for the intended use until now?

I'm assuming that he doesn't have permission to use it as a place of work (in other words, a workshop) but I need to be sure of that.

 

[markbrick1]

it wont be expediente to persue,and all he will do is tell the council hes been doing it for the past 10 yrs or 4 yrs plus,

if your his tennant looks like to me he wants you out if hes doing that without an explanation as i wouldnt do that to any of my tennants
atb

 

[markbrick1]

it wont be expediente to persue,and all he will do is tell the council hes been doing it for the past 10 yrs or 4 yrs plus,

if your his tennant looks like to me he wants you out if hes doing that without an explanation as i wouldnt do that to any of my tennants
atb

 

[chapeau]

If you're looking for advice on the internet you would probably do better with this one by asking on the landlordzone forum.

 

[^woody^]

It's not a L&T issue though it's it?

The OP needs to determine the permitted use of the land from the local council, and then determine whether the use conforms.

There will be a convincing argument for established use though.

 

[chapeau]

Who knows, you don't certainly.

The standard of advice for this sort of thing is higher on there than on here.

 

[Jayjee]

it wont be expediente to persue,and all he will do is tell the council hes been doing it for the past 10 yrs or 4 yrs plus,

if your his tennant looks like to me he wants you out if hes doing that without an explanation as i wouldnt do that to any of my tennants
atb

Thanks - it did occur to me that maybe he wants us out (don't know why - we've been good tenants) - why not just give us notice if that's the case?

 

[^woody^]

Explain how the use of that land relates to the OP's tenancy agreement, if you could please

 

[catlad]

It is possible that he is trying to keep himself busy during a quiet period ie. recession and when things pick up he may go away again.

 

[Jayjee]

It is possible that he is trying to keep himself busy during a quiet period ie. recession and when things pick up he may go away again.

That's certainly a possibility. He does have a bit of a reputation, though, for diving into things without thinking them out so they end up half-done.