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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We used a converted two flat house as a family home. We now

Resolved Question:

We used a converted two flat house as a family home. We now have sold the 3 bed flat top flat on a long domestic lease no business to be carried out written in. The person who bought it is now useing it as a business letting to verious lodgers and living there herself. This has invalidated our building insurance as it is insured as two domestic flats. Second problem, we share a water meter. over the last 6 mths of her continously letting to working lodgers our water and sewerage bills has doubled from what it was when we used the whole house . Also it took her 5/6 mths before she repaired a leak that caused an increasing amount of damage to our property .
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Does the lease prevent letting out please?
Customer:

Hi I did stage in my question that the flat was sold for domestic purpose only no business was allowed what so ever .also by letting to a gone it has invalided building insurance.

Customer:

I hope to receive a better response not ask a question that I a included in my request . The charge of £47 is a rip off for your expert reply !!!!!!

Alex Watts :

I needed to clarify whether it included sub letting

Alex Watts :

Just for business purposes does not necessarily exclude sub letting as private individuals can do this as well

Alex Watts :

You need to write and formally ask the person to stop otherwise say you will take Court action to forfeit the lease

Alex Watts :

I assume the lease has a clause that allows you to do this in the event of a breach of agreement?

Alex Watts :

If the person does not stop say within 28 days then you can seek a Court Order for possession and that the lease is forfeit.

Alex Watts :

You would need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And also a detailed particulars of claim setting out what the breach is/was and when it has taken place

Alex Watts :

The Court will then send a copy of this form to the Defendant who can file a defence

Alex Watts :

If the matter is defended the Court will set the matter down for a trial

Alex Watts :

A Judge would then decide if the breach of proven and then whether to give possession

Alex Watts :

If the matter is not defended then there will be a hearing, although it will be shorter and a Judge will decide whether or not to give possession

Alex Watts :

Once there is possession then you can instruct bailiffs to evict and change the locks

Alex Watts :

This should give a clear warning to your tenant about breaching his lease/

Alex Watts :

You would have to use a Solicitor for the hearing but if you win you can ask the court for costs

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

you state that just for businness does not exclud sun letting

Customer:

You state that just for business does not exclude subletting. The exact wording on the leaseI is "not to use the demised premises nor permit the same to be used for any other purpose what so ever than as a private dwelling or for any purpose from which a nuisance lcan arise to the owners lessees or occupiers of the other flatcomprised in the building

Customer:

Above message went unfinnished by mistake .do I understand that the above wording on the long lease allows the leesse to take in lodgers .as it is invalidates our building insurance and has doubled the shared water and sewage bills .?

Alex Watts :

I have examined the wording thank you.

Alex Watts :

That would be a matter for interpretation.

Alex Watts :

It is being used as a private delling

Alex Watts :

It does not say it can't be sublet

Alex Watts :

It says it must be used as a private residence.

Alex Watts :

But it also says that it can't be used in a way that causes annoyance

Alex Watts :

Therefore if the tenants cause annoyance you can seek possession

Alex Watts :

But based on the fact it does not exclude sub letting and and says it must only be used as a private residence, if that is what is being done, then you may face difficulty.

Alex Watts :

It should have said not to be sublet

Alex Watts :

Does that clarify the position?

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