Legal Action Against Long Leaseholder Due To Tenant

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    Legal Action Against Long Leaseholder Due To Tenant

    We are the freeholders to a small block of flats (4). We live in one of the flats. All were owner occupied until September. Now we have 2 tenants. 1 tenant is perfect and we are actually sad that she has been given notice to leave as the owner is a pain. The other tenant is a nightmare neighbour from hell.

    We have managing agents appointed and we have been on and on at them since October. Complaints are noise, breaking lease conditions (long lease and ast), illegal behaviour including dealing drugs. The police were interested for a time but they soon gave up with the finite resources they have.

    We have now demanded legal action against the long leaseholder as she and her managing letting agents have washed their hands of it. The tenant and long leaseholder ignore any correspondence.

    Can I ask what action this will form? There have been at least 6 breaches of different parts of the long lease. And these are reoccurring over and over.

    We are on day 4 of a 24/7 party with environmental health not interested in the slightest which is understandable given the current vivid circumstances. We have tried the polite, tea and cake neighbourly chat and they just told us to **** off (shows the quality of these tenants).

    We are at our wits end. We are working from home due to the virus, with a toddler (joyful!) And the bass music booming out is driving me to a breakdown.

    We also have another owner/occupier who is self isolating due to being elderly and underlying conditions and she has banged on the wall to them and they just laugh and turn it up louder.

    The managing agents have a meeting on Tuesday with the solicitor but wanted to get ahead of the game with your great advice. We know the long leaseholder cannot start proceedings to evict the tenant due to the new regulations but what action can we take against the long leaseholder as that may actually make her pay attention.

    I'd be surprised if there weren't multiple breaches of the lease, but we would have to see it. The difficulty may be proving them, in the absence of a conviction or an anti-social behaviour notice of some form.

    You would need to go to the FTT for permission to forfeit. The end result is likely that the leaseholder is directed to evict the tenants as soon as legally possible.


      Thanks leasehold . The tenant has had a community protection order served by the police for cannabis use (that was stinking out 2 other flats). That is the only evidence we have had. It has been so difficult to get authorities involved even before the coronavirus.


        You now need to find the wording in the lease that this would have breached. You are probably looking for something that says the leaseholder will ensure that those with title under them will comply.

        However, the ban on evictions in the current emergency seems to be total, so even if the tenancy agreement covers anti-social behaviour, the leasholder's hands are probably tied. The FTT may well close down as well.

        To the extent that the courts and FTT are working, you may only be able to obtain financial compensation, and it may be difficult to show any financial loss.


          I have just been reading the government guidance on evictions and it would seem this is only for rent arrears and not something like antisocial behaviour. I am hoping this is true as the music finally went off at 1am after being on since 4PM Friday.


            Regardless of the reasons for eviction, I doubt that courts will be hearing eviction cases of any sort for the foreseeable future.


              Well things escalated with the tenant today and the police are now involved for breach of the peace. The landlord who I think lives on another planet has again washed her hands and said "disagreement between freeholder and sub-tenant, nothing to do with me"!!!

              The landlord (long leaseholder) is going to be in for a shock when the legal letters and bills start arriving in the next few days!

              We wanted to move into an airbnb but with lockdown on the country looking imminent, the police have assured us they have put a note on their system that says to respond asap if the sub-tenant kicks off again. Which we think she will. She has no sense at all.


                Originally posted by divadee View Post
                The landlord (long leaseholder) is going to be in for a shock when the legal letters and bills start arriving in the next few days!
                You still need to find specific clauses in the lease that have been breached, and make sure that you can successfully argue that the leaseholder is responsible for ensuring that the tenant's actions don't breach these clauses.


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