Discussion in 'Management companies, apartments, etc.' started by SomeRandomer, Nov 11, 2017.
To lodge a complaint with the planning authority?
Does planning not apply to the development as a whole rather than each individual apartment? Would the OMC not effectively be making a complaint against itself and be still left in a position where it would need to take action against the apartment owner?
No, a material change of use of an individual apartment would require planning permission.
Interesting piece in today's Irish Times: http://www.irishtimes.com/business/...bnb-dublin-s-most-lucrative-rentals-1.3290592
No doubt they quote the extremes, but the general point is clear enough: this is increasingly a full-scale business. Again, I'd have no objections to this as a business in an appropriate location in the same way I'd have no objections to someone building a hotel down the road from me: the more visitors to an area, the more vitality and overall business for everyone. However, I'd have a big issue if the building in which my apartment was located was transformed from residences to what is effectively a hotel, minus the on-site staff to manage it.
I thinki it entirely reasonable for apartment leases to have the kinds of restrictions mentioned by the OP.
They might win but the company might not have the funds to pay the legal fees to take the case in the first place. It could just be a practical blocker to this. The letter they have sent so far is free, anymore spend would have to be director approved. Doesn't really address the issue but by default could stop this going any further. Just a thought.
What legal fees? Anybody can make a planning enforcement complaint to their local authority - it's cost free.
At what point do you go "I'm breaking the rules of my lease so instead of trying to wrangle a way out of it I'm just going to stop" or does that attitude just not apply in this country any more.
Sarenco is spot on. Any legal fees the result would be initially borne by the local authority, and they would ultimately seek these be paid by the apartment owner.
There is a perception that when you buy a property it is yours to do with as you please. This is partially true for a freehold property and totally untrue for a leasehold.
If you buy a freehold property, there are many limitations on what you may do with it. These are generally well known and people do not resent them as they are so well established.
If you buy a leasehold property, you can effectively do nothing with it except what is permitted under the lease. As this type of property has become more common in recent years with the rise of apartment living people are only beginning to come to terms with the restrictions on how you can use your leasehold property.
Buying an apartment is just buying the right to use the property for a limited set of purposes, you do not actually own much.
Timely article on Council enforcement:
Thanks for all the replies. Looks like the only option is to put it back on the market and rent long term. However this makes me pretty nervous considering what tenants can get away with, for example if they just stop paying the rent, change the locks etc.
I know most tenants are probably fine but something like this could happen. What protection do LLs have if a tenant stops paying the rent? From what I've read the LL has to chase them through the courts which could potentially take several months.
Does anyone have any experience of this, and is there any way to protect against something like this happening?
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