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Leaseholder/owner breaking lease

Started by Barnesus, June 18, 2023, 04:31:32 AM

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Barnesus

Hello All,   

I am a freeholder and management agent for a block of flats.  We recently sold a flat in our block, and the new owner has redeveloped inside (no problem from us).  However half way through the renovations i inspected the property and noted that she had stripped all the floorboards ready for use (ie - no carpets or underlay going down).  It is written in the lease that leaseholders are not allowed to do this for obvious noise-nuisance issues. I wrote to her pointing this out and asked what she was doing.  Her reply was that she was going to be putting down Large rugs with underlay covering the large/main sections of the floor which I felt was ok.  However, 2 months later. I now see she has listed the propefty on air bnb and i can see all floor boards stripped with an odd very small rug.  Completely unacceptable.  What is our route or legal function in order to ensure compliance?  TIA. Andy

jpkeates

I'd start by writing and politely (and dispassionately) list the issues that are a breach of the lease and point out that they are required to put this right. Reference the sections of the lease that are being breached - I'd imagine the use as an AirBnB might also be a breach. Check that there's nothing in the lease that requires anything else to be done in the event of a possible breach of the lease.

Barnesus

Thank you.  That does not answer the question. How can we enforce the lease requirement on the leaseholder?  Thanks

HandyMan

Quote from: Barnesus on June 18, 2023, 05:02:45 PM
That does not answer the question. How can we enforce the lease requirement on the leaseholder?  Thanks

jpkeates sensibly suggested that you check whether there's nothing in the lease that requires anything else to be done in the event of a possible breach of the lease.

Have you done that?

You as freeholder and management agent do not want to put yourself in the position where the leaseholder is able to claim that you are in breach.

So, does it mention anything at all regarding procedure to follow in the event of a possible breach by the leaseholder?