Is a Leaseholder responsible for a sub-tenants actions?

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    Is a Leaseholder responsible for a sub-tenants actions?

    I have a leasehold flat in a mansion block in central London and a dispute has arisen between my tenants and the tenants in a neighbouring property. Each tenant both claims the other is too noisy and it has become quite a mess with a lot of accusations and not much proof from either side or notifications from authorities just a lot of hearsay.

    My question is, is a leaseholder directly responsible for a sub-t's actions? There is a lot of conflicting information out there so I'm just wondering where I stand in regards to this

    #2
    definitely

    Comment


      #3
      Does tenancy you provide make your tenants have to comply with lease (leasehold) conditions?? Does it also have general stuff about behaviour?? e.g. (from gov.uk model tenancy agreement)
      3.2 The Tenant must not use the Property for the purposes of a business, trade or profession except with the prior written consent of the landlord which must not be unreasonably withheld or delayed. In particular, it will not be unreasonable for the Landlord to withhold consent if there is a reasonable likelihood that the use proposed would:
      a give rise to a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies; or
      b cause a nuisance to the occupiers of neighbouring properties or significantly increase wear and tear to the Property.

      3.3 The Tenant must not use the Property for any illegal, immoral, disorderly or anti-social purposes.
      3.4 The Tenant must not do anything to or on the Property or any Common Parts which may reasonably be considered a nuisance or annoyance to the occupiers of neighbouring properties.
      3.5 The Tenant must not keep any pets or other animals at the Property without the prior written consent of the Landlord which must not be unreasonably withheld or delayed. If permission is given, it may be given on the condition that the Tenant pays an additional reasonable amount towards the deposit
      In your shoes I'd try to avoid getting involved, but write careful email suggesting they follow CaB advice, keep copy.
      https://www.citizensadvice.org.uk/ho...here-you-live/

      But beware if noise gets serious the property can be shut down & you not permitted to rent it out (oh yes!)
      https://www.londonpropertylicensing....te-rented-flat
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        flyingfreehold,

        Understood, so to what extent is that the case? Is just knowing about it and not evicting a tenant enough to be in breach of the lease?

        Comment


          #5
          theartfullodger,

          The tenancy agreement is a verbal one also there is no clause in the leasehold agreement that binds sub-tenants to leaseholder actions but there is one that states not do to omit suffer or permit anything that would be a nuisance or annoyance to other leaseholders

          Comment


            #6
            Verbal tenancy? Any paperwork served at all? So you'll not be able to evict using s21. Do you realize this?

            The agreement to abide needs to be in tenancy agreement..

            Rent (all...) declared to HMRC & mortgage aware of tenancy?
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              theartfullodger,

              Everything is above board, the tenant is a trusted employee of mine just no TA was given to her

              My main query was whether I am liable for her actions and whether I am compelled to evict her and on what grounds that would need to be

              Comment


                #8
                https://levisolicitors.co.uk/news/nu...tenants-claim/

                reading through this suggests a different outlook on things

                Comment

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