Can I report a breach of contract? Assistance needed

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    Can I report a breach of contract? Assistance needed

    Hello,

    I've come to ask your advice for the following situation.

    I have a lease in a shared freehold of two apartments on the first floor and ground floor of a house that has been converted.

    Almost two years ago, the second floor was purchased by an owner who made a three year contract with the Council to house people in need.

    With the first 2 families, everything went well, but since October, we have been living a nightmare.
    It is a woman with 4 small children and a big dog.
    We hear noise 24 hours a day. I work from home and it is impossible for me to have online meetings because she is either playing loud music, screaming, or the kids are crying.
    We hear people running, jumping, all day and night. When they go down or up the stairs, because they are running, it sounds like an earthquake. They bang entrance door when coming in, when coming out.
    The dog does its business in my garden.

    I have to put the bins out for her in the street regularly on collection days.

    She vandalized our doorbell, we don't even have a doorbell anymore, because the bailiffs who came to her would ring my doorbell first.
    She leaves a child's stroller in the hallway, blocking access to our own apartment.

    Because it is impossible for me to work from home, I set up my office in the conservatory and it cost me a fortune in heating last winter. I'm thinking about next winter, I can't afford such high costs for heating.

    The dog barks a lot, every time we come home they assault us through the door, often starts barking for no reason in the middle of the night. I am on the verge of a nervous breakdown.

    I wanted to ask you if I can turn to the owner of the apartment upstairs for breach of contract.

    I thank you for your advice and wish you a good summer.

    Sincerely

    Michelle, sorry English not my native🤨

    #2
    Breach of which contract?

    Comment


      #3
      Landlord upstairs share a freehold lease. Thanks

      Comment


        #4
        That sounds awful, first stop would be advise the joint freeholder that they are in breach of lease , is there a no dogs clause perhaps ?

        Comment


          #5
          Usually, leases require consent from the freeholder for subletting. Since u jointly own the freehold with the other lessee, did u give consent for the other lessee to sublet his flat?

          Comment


            #6
            Read your lease

            Comment


              #7
              No, I did not give consent. I am going to read the lease🫣… and will let you know… language in British lease is so complex…..but I need to do this asap and come back to my post, Thankmyou.

              Comment


                #8
                Bear in mind that if there is any breach of contract, it is likely that the contract is with the freeholder, not you. So you will be asking your fellow lessee to cooperate in a process where he sues himself.

                I'm afraid that you decided to purchase
                - a lease/leasehold property
                - where it is share of freehold

                You should have been properly advised as to the risks of doing that, and decided on an appropriate price for that lease bearing in mind the risk given the poor quality of legislation and a court system/policing system that don't care much about you. In reality there is going to be very little you can do about the things you mention, and if you try to sell you will have to declare that you have attempted to deal with them to a prospective purchaser. I suggest that you just quietly sell to a gullible buyer.

                Comment


                  #9
                  Hello,

                  I have read the lease. What can I say? Permission should be asked for the dog, there are some restrictions for the noise etc…
                  I share a freehold with saying Mister A. Mister A has sold his rights of the lease to the Council for 3 years. I have not been informed about it. Mister A confirmed today that he is not even able to check his property during the 3 years.

                  Comment


                    #10
                    It is extremely hard to know what advice to give about what to do in these sorts of situations. There is no easy (or even difficult) legal remedy, and the fact that you share the ownership of the freehold makes things harder rather than easier.

                    I'm sorry to say it, but your best option might be to quietly sell your flat without creating a dispute. The only other real alternative is to apply to the FTT for appointment of a manager (effectively taking over the management of the building entirely). The problem with this is that for a block of only two flats this will be excruciatingly expensive (if you can find a willing manager at all), and there is no guarantee the tribunal will order the manager to deal with the issues of which you complain. It will also only be temporary, but will likely make your flat unsaleable.

                    Suppose the real issue is what the breaches are - your fellow freeholder will say he gave permission for the dog, and even if he did not, the government want people to have as many dogs in flats as possible regardless of what the owner wants. You haven't given us evidence from your lease that he is not entitled to pass his lease onto the council.

                    You could consider selling your flat to the other owner after testing the market. It might be attractive to him, and you could save on estate agent fees.

                    Comment

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