One flat in block is sub-let but subT causing problems

[mattboy]

Dear Forum

I manage the freehold of a block of 6 flats in North London and one of the flats is being sublet by the leaseholder via a letting agent to the council for long periods. They are housing problematic people in the flat and it is causing stress to all the other tenants in the block.

Recently the police have been out to cart people away after violent rows which scare the neighbours, the place has been completely smashed up before, rubbish is just thrown out of the window into the drive, we suspect that some of the people in the past have been on drugs as they have apperead incoherent when spoken to, as well as aggressive behaviour.

We have complained to the leaseholder before, but she just passes responsibility to the letting agent, who in turn says it is the council's problem. As far as I can see it is the leaseholders problem as she has the legal relationship with the freeholder.

I have read the lease and it doesn't appear to have any clauses regarding sub-letting. The freeholders wish to change the lease to control the sub-letting by excluding council tenants, and possibly vetting the letting agents.

Is this possible without the leaseholders agreement, and is there any information out there that would be useful?

Many thanks
MattBoy

[jeffrey]

1. Your lessee T is liable. She has breached lease covenants; sub-T's acts are imputed to her. Sue for damages/injunction/costs?

2. Agents and sub-T are not personally liable under T's lease. However, a well-drawn AST should place a complaince requirement on sub-T whenever T's property is itself leasehold.

3. L cannot re-write leases unilaterally. It needs T's consent. However, does the lease contemplate L making further/additional Regulations for the better management of the block?

[mattboy]

Thanks for the info. I think I need to read the lease to check for this.

[rajeshk4u]

Also, you need to check the insurance... as many will not insure these housing association types....

[jeffrey]

Also, you need to check the insurance... as many will not insure these housing association types....
What "housing association types"? You're the first member to mention them on this thread.
Anyway, the insurer is not insuring them- just the block of flats.