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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 5209
Experience:  English solicitor with over 12 years experience
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I am the freeholder of a small building comprising 4

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I am the freeholder of a small building comprising 4 apartments. Three of these have been sold off on leases, and I retain one of the apartments in the building. I have been notified in writing by the local authority that one of the leaseholders has applied for a HMO licence for his apartment so that he may let it out to 3 or more persons who are not connected. The terms of his lease clearly stipulates that the Tenant shall not use the flat nor permit the same to be used for any purpose whatsoever other than as a private residence in the occupation of ONE family only. Do i have a strong case to object to this licence being issued as the Freeholder and the fact that it is in contravention to his leasehold obligations? I spoke to the council who say they will be issuing the licence and that disputes between leaseholders and freeholders are not their concern, even though I had sent them a letter within the specified time highlighting my objection and resons for it?Thank you !
Kaisar

Hello,

No, the council is correct. You do not have a good ground to oppose the licence being issued.

As a freeholder, you may get a solicitor to send a letter to the leaseholder pointing out the restrictions in the lease and that if they do not comply with it, you are open to take measure to forfeit the lease.

All the best. Please click on 5 stars

Customer: replied 10 days ago.
Appreciated! May I ask what you mean by taking measures to forfeit the lease? Thanks !

You are welcome. Basically, it means to terminate the lease.

All the best. Please click on 5 stars

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