Commercial to Residential

[AdeleT]

I am on a fixed 5 year lease. I am trading on a A1 licence (coffee shop). The landlord just put a application in to the council to change use (commercial to residential) however my contract is for another 2 years. The council did not make a decision yet, but due to the government changes they made it easier for landlords to get a change of use. What can I do?

[mariner51]

Planning code A1 is for general retail shop, A3 is for restaurant & café/coffee shop.

Perhaps your LL has made a retrospective application for change of commercial use from A1 to A3.

These days, if there is/could be residential accom above commercial premises, the LL no longer needs change of use permission for a 'flat above comm property', even if it is currently part of the comm property. Don't know situation if LL wanted to convert all of shop to purely residential, prob would need change of use permission.

The LL may be applying for provisional change of use for when your commercial Lease expires. PPs are valid for 2yrs AFAIK.

You can search for the relevant planning application on the Authority's Planning website. This should give you a better idea. Search by address and use application ref code to see all documents.

If LL wants to end your Lease early, he would have to make an offer to buy back the unexpired term, but why bother, if in 2yrs time he can just refuse to renew the Lease?

[raydetinu]

planning ok for three years from approval. maybe just looking ahead, but would need to be supported by the plans for proposed conversion.

[AdeleT]

Thank you, but will I be able to run my business (coffee shop) when the change have been made - then this premises will not have a commercial license ?

[raydetinu]

yes, only becomes effective when change is actually made on site, within the three year period, otherwise they will have to apply again.