How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Good afternoon, I wonder if you are able to help me. I live

Resolved Question:

Good afternoon, I wonder if you are able to help me. I live on the top floor in a block of 6 flats, we are buying ours and all the rest are rented out, we have been there now for nearly 8 years and have had nothing but problems with the flat below us. There is never any bother with the other flats just this one. One lot of tenants were evicted and we were just about to go down the same route with this lot, but they have now gone, as there is a warrant out for his arrest. Is there anything we can do regarding the landlord, is he breaking any rules by constantly putting problem people in his property?
Many Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Do you have any rules or constitution regarding letting of property please?
Customer:

Not sure as ours is mortgage not rental

Customer:

I can check through all the paperwork from when we bought the flat.

Alex Watts : Please.
Customer:

ok cannot do this until i get home this evening, can I reply then or tomorrow.

Alex Watts : Sure.
Customer:

I do not have any rules regarding letting my property as we are not letting it out, we live here, it does however say in the Lease

Customer:

Hi I do not have any information about letting the property, as we live here, but it does say in the Lease "Not to do or permit to be of done any act or thing in or upon the demised premises or any part thereof or any part of the Property which may be or grow to be a damage or nuisance or annoyance to the lessor or the company or any of the occupiers or other parts of the property or to the neighbourhood" and also "Not to play or use or permit to be played or used any piano, gramophone, wireless or television loudspeaker or mechanical instrument of any kind, between the hours of midnight and 8am, nor sing or carry on loud conversation, or allow the same to be done in the demised premises so as to cause damage, nuisance or annoyance to the lessor or the company or the lessors or occupiers of any other part of the property".

Customer:

I don't know if this helps, but we were being woken up constantly, many complaints have been logged over the years with both management companies, there has been 1 eviction and as I said the most recent tenants have now gone, as there is a warrant out for his arrest, just want to know really if we took things further, would we have some form of case against the landlord? It would also be possible to get statements from other tenants, regarding the problems.

Alex Watts : Thanks. In this case it would be for the freeholder to take action against the tenant landlord.
Alex Watts : Therefore the freeholder, their agent Or committee would be b
Alex Watts : would be able to take action.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thanks for the reply, does rhis mean we could take action against the freeholders, for not doing anything about the on going problems?

Alex Watts :

Sadly not. You can't force the freeholder to do anything.

Ash and other Law Specialists are ready to help you