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Burdens and Rent-a-Room

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  • Burdens and Rent-a-Room

    Hi everyone, I'm new here, nice to meet you I was hoping I could get some help.

    I recently commenced letting out my spare bedroom to a lodger, however this is against the Burdens in my property title deeds (specifically "Each Flat shall be used solely as a private dwellinghouse and for no other purpose whatsoever and none of the Flats shall be sub-divided or occupied by more than one family.")

    Some of my neighbours in a development which I presume to be subject to community burdens (although I'm not certain on this) have taken exception, and complained to the property factor. I await any further developments in this regard.

    I wanted to be more confident of my position prior to speaking with the factor about this. To this end I have done some reading on the subject, and it appears that even if the neighbours have title to challenge the breach of the burden, they do not appear to have sufficient interest to do so ('material detriment' would be very hard to prove, as per below) so is it reasonable to presume I will be able to continue letting my spare room? I have made it clear that I am sharing my own home with my lodger(s) so I am unlikely to take in someone who would 'bring down the area' etc, or diminish property values or someone's enjoyment of their property. It is ostensibly no different to external appearances than if I lived with a partner. I will also not permit my lodgers to use the residents' parking. It really is just a case of someone else leaving/entering my flat a few times a day at most. From cases such as Barker vs Lewis (2007) and subsequent challenges of similar burden breaches it seems the bar is still set very high in this regard. The neighbours' argument against seems to be essentially of the 'slippery slope' variety.

    Am I also right in thinking that any case against me would have to be lead by the plaintiff(s) i.e. neighbour(s) and/or the property factors? Would I be liable for any costs if this action was unsuccessful?

    Happy to provide any further details if required (although due to sensitivity/confidentiality etc I may have to do this privately).

    Thanks in advance.
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