Flat I own is being "monitored" by security on estate.

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    Flat I own is being "monitored" by security on estate.

    I live and own a flat in London and I have been told by my management office that they will be"monitoring" my apartment because they think I'm letting it out as an airbnb. I'm not and have never although I did have an old listing online before I learned more about short-term rentals (a listing does not constitute a rental though). They have instructed the security company for the development to "monitor" my home. They work in the evenings, through the night and at weekends.

    This is really distressing me, the only way the flat could be monitored for visitors is really by looking through the windows or knocking on the door every night. They also pretty much said that all visitors to my flat would be evicted if found (which includes friends and family). I own the flat! I am actually dreading evening time at home now. I've spoken with a solicitor and they have said that my mental health should not suffer because of this and that they could write a letter threatening a claim of harassment.

    But what does everyone think? Is it really ok that they do this?

    #2
    If you are living in the flat and not subletting I would tell them to monitor away to their hearts content, while also quoting the right to quiet enjoyment clause that is in your lease.

    They can’t evict you or anybody else, but they can seek forfeiture of your lease if they find you in breach of the lease, and have it confirmed by tribunal and you do not remedy the breach. If you’re not breaching the lease then nothing to worry about.

    Comment


      #3
      Thanks for your response especially point 1.

      I'm fully aware that they can't evict me! Of course that's the case as no breach of the lease has actually taken place. But my grievance is over them copying me in on an email instructing the security company to monitor my flat. Sure, it is easy to say "don't worry" but this makes me feel surveyed and watched and I already suffer from anxiety so as you can imagine it is elevating it.

      Comment


        #4
        Many freeholders and management companies would monitor properties if they suspected that the properties were not being used for a proper purpose. The only difference is that they would not tell you. Your management company is probably trying to say in an unsubtle manner “if you attempt to let out on an airbnb basis, we shall be aware”.

        Monitoring can be achieved by watching people enter and leave the property through CCTV if that is available. Knocking on doors late at night and looking through windows would be unreasonable, so if you have any evidence of that you should keep a record and inform your solicitor.

        Before asking your solicitor to send a letter, you should consider how the management company and the security company are going to react. They may step up the monitoring just to prove that they can. Claiming harassment or a breach of the lease and providing evidence would not be a simple matter and would most likely cause you considerable stress not least with the costs involved and whether or not you would be able to recover in full those costs.

        I have every sympathy with you but finding a practical solution is not simple.

        Comment


          #5
          What does your lease say about subletting, sharing and parting with possession?

          Comment

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