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Nov, 2014

Thursday

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  1. Replies
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    If one or both the flats were owner occupied or...

    If one or both the flats were owner occupied or even occupied by a relative of the owner, then the HMO issue would not arise.

    In your case it sounds like the council are rigorously trying to apply...
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    Its likely your lease has a clause requiring the...

    Its likely your lease has a clause requiring the FH to ensure the other leaseholder has the same or similar terns to yours plus there are statutory or implied terns that apply also.

    You need good...
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    The housing or environment department of your...

    The housing or environment department of your local authority will enforce HMO regulations. Unfortunately they will not be able to do anything about the sound proofing other than make recommendations...
  4. The freehold does not have to be offered to you,...

    The freehold does not have to be offered to you, however if he sells the flat and retains the freehold, You and the other leaseholder will be entitled to first refusal on any future sales(there are...
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    I sympathise with your situation as I live in a...

    I sympathise with your situation as I live in a very similar type of property and understand how annoying it is.

    However lots of people cope living with this type of noise and it may be that for...
  6. It is definitely not illegal. But could be more...

    It is definitely not illegal. But could be more trouble than its worth. I installed a camera and used the evidence at the FTT with no issues, other than a nice selection of pics of people making...
  7. No its not illegal. You are within your rights to...

    No its not illegal. You are within your rights to install CCTV on your property for security reasons, but not to spy on the neighbours.

    Your neighbour could claim you're invading their privacy and...
  8. Replies
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    Just make sure they are experienced in Landlord...

    Just make sure they are experienced in Landlord and Tenant Law.
  9. Replies
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    Another route open to you is the planning...

    Another route open to you is the planning department of your local council.

    If there are restrictions on HMO's through an Article 4 direction in your area then the planning department may be able...
  10. I recently successfully got the FTT to determine...

    I recently successfully got the FTT to determine a breach involving single family use, but my situation was very different to yours.

    In my opinion the evidence you have is not anywhere near enough...
  11. My understanding is as the claimant has...

    My understanding is as the claimant has discontinued the action they are liable for all the other parties costs.

    I'm not sure its worth pursuing the costs, mine were minimal mainly the time spent...
  12. The case has now been dropped :) Better late...

    The case has now been dropped :)

    Better late than never.
  13. Replies
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    It will also require planning permission for...

    It will also require planning permission for change of use once you have more than 6 tenants. Check also if an article 4 direction is in place in your area restricting HMO's.
  14. Replies
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    Absolutely. I will give them nothing. In the...

    Absolutely. I will give them nothing. In the meantime I will enjoy the peace and quiet of not having anyone above me for a while :)

    I think they realise they cannot continue, and hopefully will...
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    Latest is I have received written confirmation...

    Latest is I have received written confirmation from the Leaseholder that they have remedied the breaches.

    This is true as the other flat is now empty. The LH is asking me to confirm this in...
  16. Well the latest is it looks like the LH is going...

    Well the latest is it looks like the LH is going to get their day in court. I expect it will be a very short day :)

    Despite 3 different District Judges advice to the claimant to desist on it goes....
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    Luckily they don't :) But it's useful to...

    Luckily they don't :)

    But it's useful to consider every possibility.

    TBH the dice are rolled, I'll keep you updated on the outcome, its likely to be several months before anything further...
  18. Replies
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    Subletting is allowed under the lease, subletting...

    Subletting is allowed under the lease, subletting part of the property is not (although I have read a restriction on subletting part could also apply to the whole, an argument for another day).
    It...
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    The view of my solicitor, counsel and the FTT is...

    The view of my solicitor, counsel and the FTT is that it is an ongoing breach that is capable of remedy.
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    Yes it will require a mandatory licence. Yes it...

    Yes it will require a mandatory licence.
    Yes it will require planning permission for change of use.

    If your friend lives in and only rents to two students, the above doesn't apply.
    Best to speak...
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    Yes, we have discussed that. As the residents...

    Yes, we have discussed that.
    As the residents seem to be transient and come and go for short periods, it is unlikely they have AST's.
    But we won't know for sure as the LH will almost certainly not...
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    My solicitors advice is to issue the s146 notice,...

    My solicitors advice is to issue the s146 notice, giving a 'reasonable amount of time' to remedy the breaches.
    As the breaches involve subletting and multiple occupancy and are capable of being...
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    The terms of the mortgage are also being breached...

    The terms of the mortgage are also being breached as it is not a BTL mortgage. I am sure they can put pressure on the LH to remedy the breaches. Which is ultimately the aim along with recovering my...
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    Thanks LHA I'll discuss your comments with my...

    Thanks LHA

    I'll discuss your comments with my solicitor.

    One key point is the actual LH is absent, the mortgage company do not know where he is either.

    From my point of view the mortgage...
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    I'm going to go ahead and serve the s146 notice....

    I'm going to go ahead and serve the s146 notice. For a while it appeared the LH had remedied the breach, but thats not the case.

    The LH mortgage company has also been in contact. They have...
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