New building without landlord permission.

[Bruce Almighty]

But he probably got a 40 percent discount being a tenant do I see no problem

20-30% discount more realistic nowadays

 

[cattow]

20-30% discount more realistic nowadays

Depends how desperate the landlord is to sell.

 

[Disgruntled Tenant]

If a FBT landlord is notified about a tenants planning application by the tenant and Local Authority and makes no objection,would this be considered implied consent by a tribunal in the absence of giving the tenant permission in writing.
I am seeking compensation for a building I erected which I informed him about also along with compensation for planning.His Solicitors are sticking to the issue of me not being given written permission even though fully aware of matters and making no objection at the time and during the process period of two years.

 

[Disgruntled Tenant]

Surely planning won't get through without landowner's permission?

This is what I thought.

 

[Disgruntled Tenant]

Subject to planning coming through I am about to build another shed. I do have landlords permission, and he and his agent have been happy for me to do this in the past. All goes down as tenants improvements.

If you are applying for planning there should be agreement from the landowner on the planning application.

@Manny I think you will probably have to spend some money and use a better agent than your landlord. If your landlord really wants the buildings at least you have a bargaining chip. Without knowing your circumstances there is the legal obligation to comply with nvz regulations there must be some leverage with this.

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Does the Landlord have to agree to planning on your planning application form and in the absence of written permission,is this implied consent?

 

[Boysground]

Does the Landlord have to agree to planning on your planning application form and in the absence of written permission,is this implied consent?

Landlord definitely has to be notified/agree it’s on the planning application. I once made a mistake here and didn’t fill the form correctly and the landlord was contacted and asked if they had given permission. I had a grumpy agent for a few minutes and got the planning. I’m not sure if the actual ownership of land is always checked through the planning application or not.

Wouldn’t like to say about implied consent or not. That’s definitely getting too legal for me, I think a lawyer may be needed.

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[Disgruntled Tenant]

Landlord definitely has to be notified/agree it’s on the planning application. I once made a mistake here and didn’t fill the form correctly and the landlord was contacted and asked if they had given permission. I had a grumpy agent for a few minutes and got the planning. I’m not sure if the actual ownership of land is always checked through the planning application or not.

Wouldn’t like to say about implied consent or not. That’s definitely getting too legal for me, I think a lawyer may be needed.

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Thank you for your response.So if a landlord is made aware of a tenant's planning application they either give permission or object?My point is,no objection seems like implied consent,which a tribunal can enforce.

 

[Boysground]

TBH I don’t know, I have a really good relationship with my landlord so it is very unlikely I would have any problems with this sort of thing. My only guess is that a tribunal would probably want to see something written down.

Somebody will be along soon that knows more than me.

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[Lazy Sod]

I think it used to be the case that if a tennant put up a building without the landlord's consent, at the end of the tenancy he faced the prospect of leaving it behind, so that the landlord had it for nothing or having to remove it and reinstate the site to what it was originally.

 

[Forkdriver]

I think that the principal of proprietary estoppel would apply if you had notified him via the planning application and he had not objected. Interesting question and not sure of the answer.

 

[Lazy Sod]

Of course, I was thinking back to the time when you could put up a building of less than 5000ft without asking permission. The last building that I put up was in 1991. I had the footings in before the rules changed.

I should say that was on some land that I had bought and not at my tenented farm.