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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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, I live in St George wharf. We have changed a management

Customer Question

Hello, I live in St George wharf. We have changed a management company few years ago. Right after that we had a meeting between residents association and the company who promised to look into the issue of short lets ASAP. Its been 3 years since then and nothing has been done.
On our floor out of 12 flats more than half are being used for short lets and some are functioning as a hotel. Management Company said they were looking into the Leasehold and found nothing that can ban that.
However Legal Report has several clauses that to my understanding cannot be interpreted otherwise. Could you please advise if the owners are breaking the Leasehold based on the following:
3.4.10 To comply with and make every endeavor to ensure that all persons living in or visiting your apartment or any part of the estate shall comply with the development or estate regulations 3.6.1. No consent is required of the landlord for an investment letting which is between 6 months to 3 years let on an assured short hold tenancy or letting to a company or any other tenancy agreement whereby the tenant does not obtain security of tenure 3.6.4. You can only use the apartment as a private residence and in particular not to carry out any trade business or profession. 3.6.9. Not to allow the apartment to be used for any illegal immoral or improper purpose and not to cause any nuisance damage annoyance or inconvenience to the landlord or to the tenants or occupiers of the neighboring properties.
Thank you
Best Regards
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if there is any regulation preventing the property being let?
JACUSTOMER-vukuypg9- :

i dont know

JACUSTOMER-vukuypg9- :

Hello

JACUSTOMER-vukuypg9- :

i only have the leasehold with those clauses

JACUSTOMER-vukuypg9- :

its all in London

JACUSTOMER-vukuypg9- :

Lambeth council

Alex Watts : I don't think these clauses are being breached
Alex Watts : 3.4.10 - if there are no estate regulations being breached this does not applh
Alex Watts : apply
Alex Watts : 3.6.1 - they can let between 6 months and 3 years
JACUSTOMER-vukuypg9- :

but they are letting for a DAY

Alex Watts : 3.6.4 - only to be used as a residence, I assume it is
JACUSTOMER-vukuypg9- :

thats why i wrote it is a Hotel

Alex Watts : 3.6.9 - not to be a pain in the bum -
Alex Watts : i see.
Alex Watts : in that case 3.6.1 is being breached and the agent or landlord can take action.m
Alex Watts : Consent is required if less than 6 months and over 3 years.
Alex Watts : But the only person that can take action is the agent or landlord
Alex Watts : You can't sadly make them take action.
Alex Watts : If they don't want to sadly there is nothing you can do.
Alex Watts : However If the property is owned by the council there are steps you can take
Alex Watts : You should contact the chief officer of the council and write a formal complaint
JACUSTOMER-vukuypg9- :

what if i get another tenants to sign a petition and involve a solicitor? can i force the management agency to start moving? we are paying them substantial service charge after all

Alex Watts : That office will investigate the matter and report back to you
Alex Watts : If that does not resolve the matter you can go to the ombudsman
Alex Watts : They are independent of the council and can examine any complaint you have for free.
Alex Watts : their website is www.lgo.otg.uk
Alex Watts : Lgo.org.uk
Alex Watts : But a petition may also heko
Alex Watts : help
JACUSTOMER-vukuypg9- :

how many tenants should sign it?

Alex Watts : as many as possible
Alex Watts : send that to the chief officer too
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-vukuypg9- :

you mean Lambeth Council?

Alex Watts : Yes
JACUSTOMER-vukuypg9- :

St george has a leasing on the land and they are the landlord

JACUSTOMER-vukuypg9- :

i dont know who owns the land as such

Alex Watts : They own the property you said
JACUSTOMER-vukuypg9- :

they ar ethe Landlord in our Leasehold

Alex Watts : If the council are landlord then you can take action
JACUSTOMER-vukuypg9- :

and the property is standing in Lambeth council

Alex Watts : If its a private landlord you can't
JACUSTOMER-vukuypg9- :

so the management comapny should take it

JACUSTOMER-vukuypg9- :

if it is private

JACUSTOMER-vukuypg9- :

right?

Alex Watts : Yes
Alex Watts : does that clarify?
JACUSTOMER-vukuypg9- :

ok

JACUSTOMER-vukuypg9- :

now i have to make them act on it

Alex Watts : Yes
Alex Watts : Does that help ?
JACUSTOMER-vukuypg9- :

yes

Alex Watts : Great
Alex Watts : Can I clairfy anything else for you ?
JACUSTOMER-vukuypg9- :

from legal side i got it

Alex Watts : Yes
JACUSTOMER-vukuypg9- :

if you can recommend how to get tenants to sign a petition

JACUSTOMER-vukuypg9- :

that would be great

JACUSTOMER-vukuypg9- :

but if your service doesnt cover the

JACUSTOMER-vukuypg9- :

that

JACUSTOMER-vukuypg9- :

its ok

Alex Watts : you just need to ask them
JACUSTOMER-vukuypg9- :

there are about 5 000 flats

Alex Watts : ah.m
JACUSTOMER-vukuypg9- :

i do not know these people

Alex Watts : post a notice to all of the, ppm
Alex Watts : them
JACUSTOMER-vukuypg9- :

not that simple

JACUSTOMER-vukuypg9- :

ok

JACUSTOMER-vukuypg9- :

i get it

JACUSTOMER-vukuypg9- :

thanks

Alex Watts : If this answers your question can I ask you to rate my answer before you go, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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