Good service. We are leaseholders, each with a 25% share of the freehold
Do you have any feedback concerning my question?
Thank you. The leaseholder(who I appreciate is poorly) is likely to be in breach of the terms of thelease.
The three freeholders shouldwrite to the leaseholder, care of the family and advise the leaseholder thathe/she is in breach of the terms of the tenancy and that if the situation isnot resolved, you will have no alternative but to seek steps to foreclose onthe lease.
Ultimately, you can get aninjunction to stop the parking and the noise and the mess and you can ask thecourt to award costs against the leaseholder. I would probably put that in myletter in any event.
The latter will have moreweight if it comes from a solicitor.
Can I help further?
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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.
I have had a similar question thismorning. 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 allowedto rent out the flats, but many leases exclude subletting but the landlordnever takes any notice of it.
I think you would struggle to provethat they were allowing rather than letting or renting. Well done for thinkingso laterally, but I don't think it would work.
You can change all the leases if allthe 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 notwilling
I would go through the lease, word byword and less every provision that is being breached. Even if there is nothingspecific that you can put your fingers on, you have a breach of the impliedcovenant for quiet enjoyment, and the common law obligation not to be anuisance.
Remember that Good snotty solicitorsletter and threatened the fleas of 1000 camels and the plague of locusts forany minor breach and would usually be sufficient to bring a tenant to heel
My apologies for the delay. Thank you very much for your advice, it is of great help.