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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I am a joint leasholder in a property of four flats. Each

Customer Question

I am a joint leasholder in a property of four flats. Each owner has a 25% share. One owner recently fell seriously ill and will not be able to return to their flat. While her situation is 'sorted out' her family have let some 'friends' live in her flat. They are proving a nuisance as they litter the site, block the drive with cars, and have more friends around day and night on an ongoing basis. Can I and my fellow freeholders do anything about this?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Please clarify are you Leasholders or Freeholders?
Customer: replied 3 years ago.

Good service. We are leaseholders, each with a 25% share of the freehold

Customer: replied 3 years ago.

Do you have any feedback concerning my question?

Expert:  Stuart J replied 3 years ago.


Thank you. The leaseholder
(who I appreciate is poorly) is likely to be in breach of the terms of the
lease.

The three freeholders should
write to the leaseholder, care of the family and advise the leaseholder that
he/she is in breach of the terms of the tenancy and that if the situation is
not resolved, you will have no alternative but to seek steps to foreclose on
the lease.



Ultimately, you can get an
injunction to stop the parking and the noise and the mess and you can ask the
court to award costs against the leaseholder. I would probably put that in my
letter in any event.



The latter will have more
weight if it comes from a solicitor.



Can I help further?





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The thread remains open for us to continue this exchange



Customer: replied 3 years ago.

Thank you for your reply, which I have rated.


 


When you have the time (there is no rush)


 


Do I need to look for any factor in the lease that is being breached? It does mention in the lease that a flat must only be used as a private dwelling for the occupation of one family ("The Lessee will use the flat .......for a private dwellinghouse in one occupation only") and that basically one should refrain from doing anything that upsets other leaseholders/freeholders.


 


We are allowed to rent out the flats, although I suspect in this case there is no contract between the "friend" and owner (who is in care). Do you think that is an important issue (i.e. letting someone use the flat as opposed to renting it out via proper channels?) that I could mention.


 


We are extending my lease soon and maybe we should make some changes to the lease to address this sort of issue.


 


 


 


 


 


 


 


 


 


 


 

Expert:  Stuart J replied 3 years ago.





I have had a similar question this
morning. Check that the lease does indeed not say that it can only be used by the lessee,
because that prevents it happening. I appreciate you say that you are allowed
to rent out the flats, but many leases exclude subletting but the landlord
never takes any notice of it.



I think you would struggle to prove
that they were allowing rather than letting or renting. Well done for thinking
so laterally, but I don't think it would work.





You can change all the leases if all
the leaseholders agree. You can change the leases of any leaseholders of agree,
but it would not allow you to change this one if either the lease holder was not capable or not
willing





I would go through the lease, word by
word and less every provision that is being breached. Even if there is nothing
specific that you can put your fingers on, you have a breach of the implied
covenant for quiet enjoyment, and the common law obligation not to be a
nuisance.





Remember that Good snotty solicitors
letter and threatened the fleas of 1000 camels and the plague of locusts for
any minor breach and would usually be sufficient to bring a tenant to heel



Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.

My apologies for the delay. Thank you very much for your advice, it is of great help.

Expert:  Stuart J replied 3 years ago.
No problem.

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