Joint share of Freehold Airbnb

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    Joint share of Freehold Airbnb

    Hi everyone,

    I live in a share of freehold flat. I own 50% of the freehold and the leasehold to my own flat (there are 2 flats) the other 50% of the freehold is owned by the owner of the other flat and they own the leasehold to theirs.

    The owners of the other flat are renting it out to a couple who don’t live there but use the flat as an AirBnb. The owner is aware of this. I have not been sought permission for this use of the flat.

    The leasehold contains the standard “Not to assign or underlet the whole of the flat without the prior written consent of the landlord otherwise by of an assignment or AST

    Also there is a clause to not use the premises for any trade of profession. This is in the Tenants obligation to the landlord and other tenants of the property.

    Do these obligations pass down to the other owners tenants and is the owner in breach of the lease?

    Thanks in advance for any advice!

    The obligations don't pass to the owner's tenants automatically (although they might be in their tenancy agreement).
    But the obligations stay with the owner - they're not allowed to breach their lease by allowing the tenant to do what they've committed to in the lease.

    I'd guess, though, that your ability to do anything about it is limited by their shared ownership of the freehold, because you'd be asking them to help you enforce something against themselves.

    If it's causing you a problem, I'd start by talking about how to resolve whatever is the problem. I can't imagine there's much trade at the moment.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


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