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Landlord's planning permission to extend while we are renting - can we unwind tenancy agreement?

2 replies

MiniMooMeow · 25/09/2023 09:58

Hello, looking for some advice. We're currently renting a maisonette flat, I've just discovered the landlord has planning permission to add an extra floor and that this permission runs out in Dec this year. We have signed an AST until Feb 2024. I'm now very worried they will give notice for us to leave when our fixed term finishes (when we signed up, we had verbally agreed that would renew or go onto monthly).

So now am thinking of pre-empting this and trying to leave earlier. Haven't contacted our landlord to negoiate anything yet, they are arsey and I'd like to get my facts straight before approaching them.

So my question is, Does anyone know if the fact that their planning permission expires inside our fixed term agreement is reason enough (misleading information) for the "right to unwind" the tenancy agreement? I know with most planning permission expiries can be get around by appearing to start works (e.g. by installing signage & hoarding around the building) but with a toddler and 6 month old I'm not wanting disruptive building works around our home only to be given notice to leave in a few months! Thanks all

https://england.shelter.org.uk/housing_advice/private_renting/how_to_end_a_fixed_term_tenancy_early/right_to_unwind

Shelter icon

Unwind your tenancy agreement - Shelter England

You have the right to unwind a tenancy agreement under consumer law if you signed because of a misleading action or information from the landlord or agent.

https://england.shelter.org.uk/housing_advice/private_renting/how_to_end_a_fixed_term_tenancy_early/right_to_unwind

OP posts:
TibetanTerrah · 25/09/2023 10:11

So you don't actually know if he's going to extend? People get planning permission and let it expire due to circumstances changing.

Unless I've read it wrong, it seems premature to try and leave earlier for something that might not even happen.

Deathbyfluffy · 25/09/2023 10:12

Pick up the phone and speak to your landlord.
You have no idea if they're actually going to do anything with the planning permission yet!

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