Hi I am a freeholder for a flat and have been in dispute with the leaseholder and have gone through Tribunal for being in breach of the lease covenant regarding subletting of the property and the decision from the judge is the lease does not contain any restrictions against the property being used as a multi occupancy property. failing to occupying her home as a single dwelling, the Lease provides that the property can only be used as a private dwelling and that boarders and lodgers may not be taken. The Tribunal has taken the view that the evidence in respect of this breach which consists mainly of the electoral registers and copies of addresses on envelopes is not sufficient. They have stated that there is no evidence of how current it is and that it does not constitute evidence of what you are seeking to prove. They go further and state that even if, it were the case that some or all of the people referred to are living at the property, it does not mean that the property is not being used as a private residence or that there are boarders or lodgers at the property. the leaseholder has not lived at the address for 10 years so I dont know how else to prove that the leaseholder does not live there and I dont understand why it the lease would say used as a private residence or that there are boarders or lodgers at the property when the judge says even if the were people there does not mean that the property is not being used as a private residence or that there are boarders or lodgers at the property. as I have spent alot of many on this case I feel that the solicitor should have studied the lease and I now feel confused about the outcome.
did not dispute the claim, however the Tribunal have nonetheless deem it fit to determine the matter even though there was no dispute to the claim that was being put forward.
ok with continuing to wait for an answer