Legal Assistance with Rental Problems - Legal Aid

Questioner

The house (listed building) of which we rent the upper floor has been sold. Now the new owner wants to have the ground floor (retail space) thoroughly renovated by a contractor, is this allowed in connection with the nuisance? What obligation does he have towards us in this? In addition, we have to go through this retail space to get to our (front) door (indoors). He is either going to live here himself or he is going to turn it into a B&B. According to the municipality, it is designated for retail. Is this allowed? What about the shared front door, 1 central heating boiler and electricity meter. Should this be split?

Lawyer

Use of the building as a residence or B&B is contrary to the zoning plan, but the municipality can allow other use via an environmental permit. If this is not applied for or granted, the building may only be used for retail purposes and the municipality must take action against other use. You also run the risk that action will be taken against your use of the property as a residence. After all, this use is also not in accordance with the 'retail' destination. The new owner must respect your lease and continue to give you access to your home, but he does not have to split up shared facilities. However, a solution will have to be found for the division of the usage costs of the shared facilities. Renovations are permitted and you will have to accept some inconvenience, provided that the work takes place within regular working hours.