retrospective planning permission-rented property.

[therenter]

I have posted before about the issues we are having with our landlord (he is a bit of a nightmare). Well it would appear that he has made some enemies somewhere else and they have shopped him to the council planning department for not having planning permission or following building regs for his basement flat conversion and balcony.
We received a letter yesterday (addressed to owner/occupier which we opened buy realised after that it was him; asking him to make contact within 7 days so they can arrange a site meeting. We live in the main part of the house and our friend rents the flat. I know that the flat is less then 10 years old. I also know that there is no soundproofing at all between the flats and we have 1 electricity/gas/telephone supply serving the whole house.
The house is banded as one house for council tax as well.
I also know that the landlord has no money left and can't afford any extra expense.
There may be other building regs that he has failed to meet also.
I am assuming that we will be safe as we are in the main house. But could our friend be made to leave? And what are the implications if the landlord really cant afford to bring it up to the standard required? Could he be prosecuted?
Further more I highly doubt that he has informed his mortgage company about the fact that he is renting either-is this likely to get back to them?
How likely is it that they will refuse planning permission if under 10 years established?
Thanku

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Sorry that is an awful lot of questions! And typos (using my phone sorry).

I think I would rent somewhere else to be honest. Both of you! What if he has cut corners and it is not safe? If he has no money he will not carry out the work. I would get in touch with the planning officer and talk to them because your questions are quite complex and clearly this is why the planning officer wants the site visit. There is bound to be someone on MN who will know what to advise, but this just sounds like a botched job and this sort of landlord/owner should not get away with it. You can check on the council's web site to see if planning permission was granted at your address. If the council deem a building to be unsafe then they will not expect anyone to live in it. Why would anyone want to stay in it anyway?

It sounds as though he will have breached the conditions of the mortgage (although obviously it depends on the lender and how the council proceeds) but if that is the case, the lender can take the property into possession. Obviously there are various hoops to go through, and your tenancy would have to be checked to see what rights you have, but I wouldn't count on you being ok and this only affecting your friend. It could affect all of you.

Thank you- I have already checked the council site and there is definitely no planning permission. We dont want to stay here anyway due to his unreasonable behavior but there is just nothing about at the moment. Really hoping something turns up soon. Perhaps I will contact the planning office myself then (didn't realise I could do that as the tenant)thank you.

you'd better make plans to leave - a) because you KNOW you are funding a crook and b) because if he is breaking the terms of his mortgage by letting without permission, then the mortgage can be foreclosed and you will be evicted.

those are the big things, all the rest are also problems but these are the big reasons to go. Although if I were you I'd stay off that balcony.

concentrate your efforts on finding a new place to live. There must be something unless you are on Mars.

There are properties about yes. I have (upto now) been unsuccessful in getting my husband to understand that we may need to take the hit and go smaller. We have always lived in 4 beds upto now with our 4 children but the 4 beds available at the moment are too expensive. Perhaps he will agree to looking at 3 beds now. Or if my dad wants to win the lottery and buy us a house I am more then willing to accept that alternative ;-)

guessing that this dodgy house is rented to you at below market rate? (I hope so)

sharing rooms in twos will not kill your kids. That balcony might. BTW do you have a gas safe certificate? A protected deposit?

No I found out that our deposit has not been protected either. But we do have a gas safety certificate. We are paying the going rate for the property so no discounts. I think looking at the 3 beds is the way to go. Everything is pointing to the fact that it is time to get out. Oh well, thats another move. I am fed up of it now, we have moved every two years since my eldest was 5 (one place we only stayed in for a year) she is 12 now. But I should count my blessings really something has always turned up and I know it will this time.

The "going rate" for a property of that size is for a property of that size that is legal and safe. yours sounds like it is neither so you are paying way over the odds for what you are getting.

Move asap and leave this crook landlord.

If your deposit is not protected you can take legal action for that (someone more knowledgable than me will be along to tell you how)

not protecting your deposit is illegal and means that you can sue the landlord for 3 times its value.

shelter will tell you how. I don't know how, because I'm a landlord and I protect deposits (and check thoroughly to make sure it has been done and that the tenant has been given the right information)