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Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a property / An upstairs flat (to be rented out).... This

Customer Question

I have a property / An upstairs flat (to be rented out)....
This is a 50/50 freehold with the downstairs shop tenant.... Each separate property is
123 year leasehold.
The tenant and other freeholder in the shop downstairs... has repeatedly hounded and harassed the letting agents with phone calls which are incoherent and there has been no formal complaints of any kind to both private and council to the point where the agent refuses to continue with the viewings
for the property due to this persons obstructive manner...
Please advise re a restraining order....
Also we have been advised by the agents that the outside street door will need
a turnkey lock mechanism in case of fire.... but the shop/ downstairs tenant has
refused to have a different lock on the outside/street door - it is currently
only able to be opened with a key... which in case of fire could cause damage / loss of life should a person without a key be inside the building in such a scenario...
Your advise would be much appreciated... Thankyou
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask whether the door you refer to serves just the flat or provides joint access to the flat and shop please?
  2. Have you approached the shop tenant directly to date?
  3. Will the agent be prepared to provide a statement and dates of contact?
  4. Finally can the agent show he had interested tenants but which did not proceed due to the shop tenants behaviour?
Customer: replied 1 year ago.

Hello and many thanks for your quick response...

1) Re - Door - Yes serves joint access to both shop and Flat

We then have a separate door in the lobby to access the flat.

2) Have tried to approach shop tenant

3) Yes Agent will be able to provide statement and dates

of contact

4) Yes agent can show that there has been interest from potential

tenants but could not proceed with viewings

Many thanks

Sabrina Willis

Expert:  Joshua replied 1 year ago.
Thank you. Finally could you tell me what the shop tenants response to your approach was? Did they have any explanation or motive for their actions?
Customer: replied 1 year ago.

Would not speak to myself or my husband...

Finally spoke to husbands son... She claims that she is worried

about our choice of tenants for the flat even though our last

tenants were very friendly with her and no problems whatsoever

were caused.

We have explained through our son that tenants will be 'vetted' both financially and personally - ie: All possible references / agent valuations etc would be taken into account when choosing the right tenant...

Unfortunately there has not been any positive reaction.

Many thanks

Expert:  Joshua replied 1 year ago.
Thank you. The shop tenant must appreciate your property rights and any interference in respect of your dealing with your property as you wish (subject to the terms of your lease) will expose the tenant to a claim for loss on the grounds of nuisance. You may consider writing to the tenant expressing your concern at the interference in the letting of your property and that you reserve your position in respect of a claim for lost rent for any continuing period that you remain unabe to rent the flat due to her involvement on the basis you have evidence of tenants that were ready to rent the flat but for her intereference.You may also reserve your position in repsect of applying for an injunction together with costs ordering her to have no further contact with your agents or tenants. Failure to observe the terms of an injunction can be treated as contempt of court which can result in custody.You may ask her for her immediate undertaking by return within 3 days that she will not contact your agent or any tenants together with any further reasonable demands relating to the above failing which you reserve your right to immediately apply for an injunction against her restaining her behaviour and a claim for lost rental income.To apply for an injunction you will need the following form: is a fee of £155 to pay with the application.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Many thanks Joshua for your information...

This has helped me and I will write a letter to the said person before

taking out any necessary injunction....

Please could you just confirm what I should do about the street door / Fire prevention lock mechanism...which is currently not in place due to this persons refusal to have one installed and the old key lock taken out...and I have been told by the agent - although not a legal legislation they highly

recommend this action before placing a tenant...?

Again many thanks for your help

Best Regards Sabrina

Expert:  Joshua replied 1 year ago.
I am glad the above was of assistance. Regarding the door, if it is in breach of fire regulations, then the landlord (you and the downstairs tenant) may have duties under the Regulatory Reform (Fire Safety) Order 2005 to ensure that the property is safe and compliant with fire regulations and ensure that the door lock is replaced with a compliant installation. Ideally this would be done together but for expediency if this fails you may wish to consider appointing a lock smith to change the lock to a compliant lock unilaterally. You would have to supply a key to the downstairs tenant but the tenant can have no complaint if the lock is improved and if the existing lock is in breach of the above safety order.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 1 year ago.

Hello Joshua

Yes that has been helpful...I may need to contact you again

should I have any further problems with this situation / person...

Best Regards Sabrina

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