Leaseholder denying there is a tenant at the property

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    Leaseholder denying there is a tenant at the property

    We have a Leaseholder who was renting their flat as two separate units ('managed' by a notorious rogue landlord) and who has now after solicitor letters reinstated flat to original. We have met the new letting agent, it is now tenanted as a single uniy, (which agent has confirmed) and another feeholder has met the tenants whilst at the property.

    We have asked for a copy of the AST as Lease provides for. Leaseholder replies that they did not know of this clause (has been mentioned previously by solicitor). Managing Agent gave clause details.

    After chasing, Leaseholder has now responded that there is no tenant, but can they be sent a copy of the Clause as they can't find it!

    There is history of lying and general obstructiveness. I assume we will just repond saying we know there is a tenant and indeed have met them.

    How does one deal with this ongoing? Is there nothing one can do but battle through each lie, each time? ... i suppose the answer will be yes, but jeez, its hard work!

    #2
    If managing agents are involved, it seems to be a simple matter for them to quote the clause in the lease.

    Reading between the lines, there seems to be friction between you and the leaseholder involved and I would save your energy for bigger battles. I would take a step back and let the managing agents deal with it.

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      #3
      Thanks for your response. The Managing Agent is half heartedly dealing ... but they ask us how we want to respond each time. But you are correct there has been friction as the property was being used on a rent to rent basis, changes to property without permission, gaining free electricity from other flats meters... so we are keen to keep on top of things now.

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        #4
        The managing agents should not involve the directors each time a decision is made and “half heartedly dealing” is inadequate, they should be carrying out their duties as defined in the management agreement

        As directors, you should be taking a back seat and reviewing the overall running of the Management Company and that does not need to involve “hard work” on your part. The managing agents charge for doing the hard work and you should allow them to carry out their duties with as little interference as possible.

        I think that you need to distinguish between serious and minor breaches of the lease and concentrate your energy on the former.

        A leaseholder is entitled to peaceful enjoyment of his property and if someone is going through the terms of the lease in order to find minor breaches, it could be a ground for complaint and used against you when you are dealing with the serious breaches.

        In this particular case, simply ask the managing agents to respond quoting the actual wording in the lease and that they have reason to believe that there is a tenant at the present time.

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          #5
          The final way to deal with his is to follow the forfeit route...you'd ask an FTT to determine if there is a breach...but you'd have to supply the actual evidence. Note whilst the ma may do the ground work. .actual legal actin can only be taken by the FH
          Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

          I do not accept any liability to you in relation to the advice given.

          It is always recommended you seek further advice from a solicitor or legal expert.

          Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

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