Legal Action Against Long Leaseholder Due To Tenant

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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.

    #2
    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.

    Comment


      #3
      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.

      Comment


        #4
        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.

        Comment


          #5
          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.

          Comment


            #6
            Regardless of the reasons for eviction, I doubt that courts will be hearing eviction cases of any sort for the foreseeable future.

            Comment


              #7
              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.

              Comment


                #8
                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.

                Comment

                Latest Activity

                Collapse

                • Negotiating a lease extension
                  by LizLease
                  Hi all, I am new to the forum.
                  I am looking to extend the lease on a flat (currently under 70 years).
                  I received a quote from the freeholder and a valuation from a surveyor (£3k lower than the freeholder's figure).
                  I spoke to the leasehold Advisory Service who said to ask the surveyor...
                  21-01-2021, 12:44 PM
                • Reply to Negotiating a lease extension
                  by sgclacy
                  If you were to challenge the costs afterwards, almost certainly it would be dealt with as a paper review and is not as daunting as it might seem . The Tribunal generally think that around £350 plus VAT for dealing with the Section 42 Notice of claim and circa £1000 plus vat for the deed of surrender...
                  22-09-2021, 13:38 PM
                • Reply to Renewing the lease and sublet charges
                  by Gordon999
                  I have some faint recollection that a complaint of " in-house legal team" was raised before a LVT or FTT Tribunal and Chairman decided "in-house team" did not qualify as "solicitor", who are required to conduct CDD ( Client Due Diligence ) before taking...
                  22-09-2021, 12:28 PM
                • Renewing the lease and sublet charges
                  by mpppen
                  I've just about finished the tortuous process of renewing the lease at a flat we own bringing it up to 170 years and no ground rent (yay).

                  It is rent out and I do keep getting sublet registration demands from an infamous mgm company on here.

                  I've read back through the forums...
                  21-09-2021, 18:47 PM
                • Example "Deed of Variation" for extending the lease term.
                  by Lat
                  I have tried google but there is very little to show. Does anyone have a redacted example of a "Deed of Variation" that they have had to sign?

                  The criteria in my case is...

                  1. Shared Freehold flat in block of flats
                  2. Freeholder is Residents Company Ltd with...
                  04-09-2021, 11:24 AM
                • Reply to Example "Deed of Variation" for extending the lease term.
                  by Lat
                  What is wrong with the following process to register the "Deed of Varation"

                  All that is required of me is to get the "Deed of Variation" registered with the Land Registry and provide a copy of the new lease to the Company Secretary.

                  The Process.
                  1....
                  22-09-2021, 12:16 PM
                • Dissolve company and regain shares
                  by LaraJara21
                  Good afternoon

                  I am the director of a small a residents management company / limited company and We want to dissolve the limited company so each freeholder can regain their own shares. I would be extremely grateful if someone could advise on if this is possible and if so, how do we that?...
                  22-09-2021, 11:35 AM
                • Reply to Dissolve company and regain shares
                  by Gordon999
                  The RMC has legal rights under the lease to administer the service charge account and demand annual service charge contribution from leaseholders. . It should not be dissolved because it holds the freehold title of the building.

                  If you transfer the freehold title to the leaseholders,...
                  22-09-2021, 12:05 PM
                • Right to Manage Costs
                  by Pariah81
                  Hi,

                  I am part of a residents association that is exploring right to manage (RTM).

                  We are a 30 flat block in the Ealing area.

                  We want to get advice on the process so how much should we be expecting to pay for our legals?

                  I'm also aware we have to pay...
                  21-09-2021, 13:48 PM
                • Reply to Right to Manage Costs
                  by ram

                  You can't do that, as where is the money going to come from ?
                  You cant give them back the money they gave towards the RTM - as then WHO pays for the RTM legal fees ? - You ?
                  It can't come out of the service charges.
                  You can pay ONE of the Directors, say $ 500 per year to administer
                  ...
                  22-09-2021, 10:03 AM
                Working...
                X