John Howe & Co

John Howe, partner at West Yorkshire law firm John Howe & Co, is highlighting an important issue for anyone thinking of letting out a property they own for holiday purposes.

Recent reports suggest that a large number of buy-to-let landlords are turning their backs on renting to traditional tenants in favour of short-term holiday lets, which are often more lucrative.

However, what property owners may not realise is that a property which was used as a home but is now used as a holiday let may need planning permission.

John Howe explains: “Broadly, the planning legislation requires that planning permission is required for a material change of use. What constitutes material is not defined and depends on each individual case.

“The Court of Appeal has suggested that whether a change of use is material may depend on a number of factors, including the impact of the use on neighbouring properties.”

This has been brought to light following salacious headlines after ‘neighbours left fuming at loud, rowdy revellers and nudity at unlawful party house’.

Other examples could be increased parking in the area or activity at unusual times of the day. These could all suggest a change of use is sufficiently material that planning permission is required.

John said: “The reported case highlights another issues which property owners often do not appreciate: the fact that planning problems run with the property rather than the person.

“If someone buys a property which at the time of purchase is a holiday let, they may be faced with a requirement to obtain planning permission if they did not check the position at the time of purchase. Of course, if planning permission is not granted the investment could be worth considerably less than they thought it would be.

Similarly in the event of a flat there are often restrictions contained within the lease that would prevent the property from being used for short term lets such as Holiday lets.

“All of these planning and property pitfalls are important reminders that planning is a specialist area and appropriate legal advice should be taken before any change of use of a property is carried out.”

ENDS

NEWS RELEASE: ISSUED ON BEHALF OF John Howe & Co

CONTACT: Caroline Walker on 01325 363436

Notes to editors:

Established in 1994, John Howe & Co is a specialist and independent firm of solicitors. We offer a comprehensive range of legal advisory services to private individuals and businesses across many diverse sectors.