Change of use

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    Change of use

    Change of use.

    06-07-2020, 18:37 PM
    I live in a semi-detached house split into a ground floor flat and a maisonette, I have the lease for the ground floor flat which includes 2 bedrooms and both front and back gardens, the maisonette consists of the first and second floor with 4/5 bedrooms, my problem is the previous owner of the maisonette who was also the freeholder has passed away, the maisonette has been sold including the freehold to a person who has no intention of living at the property and I think wants to rent it out as individual rooms, my lease which has 160 years to run states that only one family can occupy the maisonette, can the new owner just ignore my lease and go ahead and change the use of the maisonette.

    #2
    Most leases contain this type of clause.
    The Lessor hereby covenants with the Lessee that the Lessee performing and observing the covenants and conditions hereinbefore contained shall and may peaceably possess and enjoy the demised premises during the said term without any interruption by the said Lessor his executors administrators and assigns or any person or persons lawfully claiming under him
    .
    If the new freeholder acting as successor to the original Lessor intends to allow the maisonette to be used other than by one family then legal action such as seeking an emergency injunction to prevent this from happening may be necessary.

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      #3
      The new freeholder is not being very truthful about his intentions, first saying he would only let it to a family, then saying he was letting it to two brothers, at a rent of £1250 per month which I find very unlikely, last week he turned up with a letting agent hoping to leave it to them to rent out and I know they don't really care who they rent out to, I think the new freeholder thought we where renting the ground floor flat and not the leaseholders so he could do as he liked.

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