Who pays for the "change of use" ommission?

[topcuts]

HELP.

I have a year lease with the landlady and have had a visit from the Council - she omitted to apply for "change of use" from office to salon.

Who pays for the retrospective application? I simply cant afford it but I know she cant at the moment either - she charges me a very reasonable rent i.e. relatively low, and we are friends too so we dont want to fall out about it but......

I dont think it is fair for me to pay for the fee being as I undertook the lease/rent assuming this had been taken care of?

I am very keen to know who has instigated this investigation too......i.e. new local competitors?

 

[fozzyo]

I suspect it would all come down to your lease contract / agreement. One of those times some legal advice would be of use! If your a Federation of Small Businesses member call their legal helpline, if not see if your insurance includes Legal advice, and see if any of your professional association memberships do.

Mat

 

[jes]

This was just one of many things that my solicitor, routinely, checked before I signed my lease. I therefore think it's going to end up as your problem. It's also worth mentioning that a 'change of use' isn't always granted and if it is, it's likely to effect the rates

 

[makeupartistzoe]

I think you may have to...sorry but isn't it wierd as theres an A1 unit I really like at the moment that if I want I have to pay £335 to change it so I can do beauty, sui generis. If I just wanted a hairdressers it would be ok. Nightmare...

I don't think the council will stop you from trading, the council said to me that my one may go in my favour as it could increase awarness of that end of the town and be good for the other businesses there. But for me it's a chicken and the egg, I can't change the use before I sign the lease and I can't sign the lease before I change the use!

I want to paint nails not open a nightclub! Swines!

 

[tog]

I suppose initially it should have been her responsibility, she should have checked up on whether the premises required a change of use.
If I were you, to speed things up I think I'd ask her to go halves with you and get it sorted ASAP so that you can carry on trading, otherwise I guess the council could close you down or impose a fine and you really would be out of pocket.
Also by paying 50% each you won't fall out with her. Difficult situation as you are friends. . .

 

[M00min]

If it's her property I would have thought that it would be her responsibility to obtain change of use. But I would have a good look through your lease to make sure there's no obligation to you.

Definitely would be interesting to know who flagged it up! Good luck x

 

[Helen v]

Hi when we moved into both our current premises and our last one they were both office use. We had to apply for change of use and foot the bill ourselves. Unless you have a fabulous landlord that cant do enough for you I think you will find it is your responsibility. I would also suggest double check what category your use falls into as different councils do seem to differ in opinion.
Some councils will also make you apply for advertising permission for any sign-age you may want. We got stung from every angle I can tell you.