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Council tenant rights to building a lean to

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  • Council tenant rights to building a lean to

    Hi

    The council claims that we are not allowed to have a standard

    wooden lean to at our house because we did not ask for

    permission.

    They are coming to talk to us about it soon.

    If the worst-case scenario happens and they ask us to take it

    down, how long will they have to give us and would they have

    to take us to court, to order us to take it down if we say no?

    Or they allowed to just take it down them selves?

    We are going to move on the end of the year and just need to

    get enough time till then. My wife and i are disabled and she

    suffers from mental health as-well and the previous housing

    officer said no permission was needed, but we have that sadly

    not in writing. we live in wales uk.

    thanks
    Tags: None

  • #2
    Re: Council tenant rights to building a lean to

    What type of lean to is this and how is it constructed is it the council who you rent off or a housing association

    Comment


    • #3
      Re: Council tenant rights to building a lean to

      Some councils record telephone calls . Maybe a subject access request would throw up the conversation. There is a template on the site and it will cost a tenner .

      Comment


      • #4
        Re: Council tenant rights to building a lean to

        Originally posted by wales01man View Post
        What type of lean to is this and how is it constructed is it the council who you rent off or a housing association
        We rent from the carmarthenshire council and the construction is of wood and PVC roofing, it is 5 meter by 2.4 meter and has 3 walls of timber used for storage and growing vegetables
        It now has been up for about 18month and was not a problem untill now.
        the neighbors are ok with it as well.

        Comment


        • #5
          Re: Council tenant rights to building a lean to

          Shame that, because i did ring him on his mobile

          Comment


          • #6
            Re: Council tenant rights to building a lean to

            oming to discuss with you the possibility of allowing you Have they said it has to come down or are they coming to discuss if you can keep it . Have you a councillor you can talk to if its needed because of your wife n=might help your case

            Comment


            • #7
              Re: Council tenant rights to building a lean to

              If it hasn't damaged the property ( eg how is it fixed onto the main building ) then you can give them assurances it will be removed when/if your tenancy comes to an end. You should ask if you can seek retrospective permission without having to remove it and reinstall it.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: Council tenant rights to building a lean to

                Originally posted by Amethyst View Post
                If it hasn't damaged the property ( eg how is it fixed onto the main building ) then you can give them assurances it will be removed when/if your tenancy comes to an end. You should ask if you can seek retrospective permission without having to remove it and reinstall it.
                It is fixed with batten raw plugs and screws like any professional carport or conservatory.

                fair enough all your reply and greatly welcome,but what can or could they do if we refuse or they refuse to allow it to be there, the tenancy agreement says we need permission, would they have to take us to court?

                Comment


                • #9
                  Re: Council tenant rights to building a lean to

                  How long have you been tenants ?

                  I would hope it wouldn't come to having to go to court. If they dig their heels in despite your being concillatory, apologetic, and advising them that any amendments the lean to has made to the actual property will be made good at your own expense should the tenancy end, then I would contact your local MP. Maybe show them it has been installed correctly, isn't a fire risk etc etc - possibly they are renewing buildings insurance or something which has brought the construction to their attention. They are within their rights to ask you to remove unapproved adaptations to the property, so you'll be having to appeal to the common sense side of the council ... not an easy task.

                  I believe they would need to take you to court for a specific order to remove if you did refuse.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: Council tenant rights to building a lean to

                    Originally posted by freeflowwales View Post
                    It is fixed with batten raw plugs and screws like any professional carport or conservatory.

                    fair enough all your reply and greatly welcome,but what can or could they do if we refuse or they refuse to allow it to be there, the tenancy agreement says we need permission, would they have to take us to court?
                    I wondered how they found out about it? Usually it takes a complaint from a neighbour before they see it.
                    Technically you have broken the terms of your tenancy, they may well say it is fine, especially if it is a professional looking job and it is not a hazard. They may insist you take it down and if they do, in my opinion, you should take it down asap, because if you don`t either they will, and send you the bill or because this is a breach of your tenancy and if they choose to, any breach of tenancy can be a reason for them to seek eviction.
                    Good idea to contact your local councillor as someone suggested. I find in my LA they can have a lot of influence with the staff.

                    Comment

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