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View Full Version : Landlords Letting Out To Tenants in Breach Of Lease In Joint Freehold



hpvictor
01-10-2011, 17:28 PM
Hello, I am a Joint Freeholder of a block of 4 maisonettes and have lived here for 16 years. 2 of the 3 other flats in the block are now rented out to tenants, one is currently up for sale and being looked at by people interested in buying it to let out like, the other 2. I still live in my flat as the only original owner.

My problem is that the other owners who are renting their flats out are continuously doing so to tenants who are (possibly unknowingly) in breach of many covenants in the Lease from minor annoyances, to having large, noisy, aggressive guard dogs patrolling around their gardens barking their heads off at people coming and going through the communal areas etc and making my life a misery. The Lease says "The Lessee shall not keep on the premises or any part thereof any dog cat or other animal or bird or pet without the written consent of the Lessor which may be revoked by notice in writing" All 4 of us are the Lessor as far as I understand it. There has also never been involved or set up any management company so the communal areas are now falling into quite a bad state of repair making them for all the reasons I've mentioned unatractive to buyers coming to view. The dogs that I believe the tennants are keeping in breach of lease are barking their heads off at potential buyers when they come through the communal hall area. Any advice on what I can do would be really appreciated.

mariner
02-10-2011, 01:36 AM
No management co, no mention of service charge for up keep of building eg roof. Who pays if roof leaks?
A quick search of Land Registry title deeds (£4) should reveal if who is/are the freeholders. Though OP bought his maisonette methinks it was poss Leasehold. Even if flat owners are the freeholders, then OP would be pnly 1 vote in 4, with at least 2 making money from renting out. It is also poss the restrictive covenant on domestic pets may be unenforceable. If a T requests to keep a pet, when the AST says 'no pets', then my current understanding is that such request 'cannot be unreasonably witheld' Covenants usually relate to structure of building or erection/demolition of structures, eg walls or fences in an open plan development.
I suggest OP needs specialist local legal advice and should perhaps consider selling up.

leaseholdanswers
02-10-2011, 10:22 AM
No management co, no mention of service charge for up keep of building eg roof. Who pays if roof leaks?
A quick search of Land Registry title deeds (£4) should reveal if who is/are the freeholders.

Mariner - read the post he tells you all that right away and it undermines your otherwise sensible comment.

leaseholdanswers
02-10-2011, 10:29 AM
The four of you are the freeholder and therefore are responsible for the upkeep of the building. If an individual leaseolders tnennt is in brech then teh four freeholders msut decide on waht action to take. I suggest that as the lone persn on site yu need to otline the concerns and action needed.

If the others fail to agree on taking any action or you cannot get a majority, then as a leaseholder your lease may require the freeholders ( all 4 of you) to enforce the terms of the lease. If so then the county court can order the freeholder to take particular steps, if yo apply as leaseholder.

If there is a continued apathy then as there is breach you could apply to the LVT to appoint an independent manager- the threat of that alone might ring them to heel.