Holiday Lets are breach of lease - Yes or No?

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    #16
    Originally posted by wharton View Post
    we always have the right of entry to the property, even when a guest is staying, we use the post box (not the guest) etc
    Of course you can enter YOUR property, if your let allows you, but
    you still don't live there.

    Your attitude is one of,
    I don't care what the lease says, I don't care if the residents are put to
    extra costs, and if anyone stands in my way of making money, I don't
    care what havoc and misery I inflict on the residents.

    you asked a question "Holiday Lets are breach of lease ?"
    And the answers you have been given are, YES, it is a breach of the lease.
    You have your answer.

    If you get your own way, the service charge will have to go up, as there
    could be thousands of pounds having to be spent on legal fees to get you
    to observe the lease, or get you out if you just barge in there and do what
    you think is your god dam right to do.

    I have now, no sympathy for you whatsoever.

    R.a.M.

    Comment


      #17
      For once I agree with Ram's sentiments. But that doesn't stop me from trying to comment constructively.

      There is case law which turns on possession where, even for a short period or succession of periods, whether the tenant had
      allowed another person into physical occupation with the
      intention of relinquishing his own exclusive possession of the
      premises to that other person. Given right to entry are often limited contractually and certainly under statute, you or your agent are not free to enter as you wish, and you cannot contract out of that.

      Given the clear intention of the lease, it is awfully difficult otherwise.

      And you have to read the whole clause that prevents underletting. it falls to an interpretation of the lease that consent is implied to under let the whole for 6+ months, and that you can only do otherwise if the company consents. That is a strong basis to say that consent to do otherwise is at the landlords discretion, and not subject to reasonableness.

      You need to appreciate that if there were a situation where consent were given inducing others to do the same, you might operate a high standard of letting and resolve any issues arising. many however do not. And that is hell on those that live there every day.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

      Comment

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