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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2437
Experience:  Over 5 years in practice.
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I am a freeholder flat and have been in dispute with

Customer Question

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.

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.

Thanks

Submitted: 1 year ago.
Category: Property Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

ok with continuing to wait for an answer

thanks

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
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Nicola

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