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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I live in one of three leasehold (two bedroom) identical flats

Resolved Question:

I live in one of three leasehold (two bedroom) identical flats (converted from a Victorian terraced house). The Lease states "Not to use the flat nor permit the same to be used for any purpose whatsoever other than as a self-contained private residential flat in the occupation of one family or household only"
Does this mean that the two bedrooms in the flat cannot be let to two non related individuals?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. My name isXXXXX can answer this for you.

tdlawyer :

It would appear that your interpretation is correct. It looks like the clause is designed to prevent anything other than couples/families and thus preventing rooms being let out to third parties.

Customer:

If this restriction was to be changed, would a new Lease have to be agreed between the Freeholder and the Leaseholder of the relevant flat? Would the other two leaseholders have to be advised?

tdlawyer :

There would have to be some agreement between the leaseholder and freeholder. You dont necessarily need a new lease, a letter confirming that the clause would be ignored from the freeholder would suffice.

Customer:

Thank you but should the other flat leaseholders be advised? The leaseholder of one of the flats has moved out and sub-let the flat to three young noisy teenagers who are no relation to the leaseholder or each other!

tdlawyer :

There would not usually be a requirement to advise the other leaseholders of that. Usually, a lease is an agreement between landlord and leaseholder only, and only those parties need to agree anything concerning the lease. As to your specific problem, you should be able to take this up with the owner anyway on the basis that it's a nuisance, and once he knows that nuisance is ongoing, he should take steps to prevent it from reoccuring. If he does not, he could find himself being sued.

Customer:

Thank you for your help.

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