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.
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 !!!!!!
I needed to clarify whether it included sub letting
Just for business purposes does not necessarily exclude sub letting as private individuals can do this as well
You need to write and formally ask the person to stop otherwise say you will take Court action to forfeit the lease
I assume the lease has a clause that allows you to do this in the event of a breach of agreement?
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.
You would need to complete form N1
And also a detailed particulars of claim setting out what the breach is/was and when it has taken place
The Court will then send a copy of this form to the Defendant who can file a defence
If the matter is defended the Court will set the matter down for a trial
A Judge would then decide if the breach of proven and then whether to give possession
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
Once there is possession then you can instruct bailiffs to evict and change the locks
This should give a clear warning to your tenant about breaching his lease/
You would have to use a Solicitor for the hearing but if you win you can ask the court for costs
Can I clarify anything for you about this today please?
you state that just for businness does not exclud sun letting
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
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 .?
I have examined the wording thank you.
That would be a matter for interpretation.
It is being used as a private delling
It does not say it can't be sublet
It says it must be used as a private residence.
But it also says that it can't be used in a way that causes annoyance
Therefore if the tenants cause annoyance you can seek possession
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.
It should have said not to be sublet
Does that clarify the position?