Holiday Lets are breach of lease - Yes or No?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #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

      Latest Activity

      Collapse

      • Share of feehold/shared service charges?
        by Stu1020
        Hi there,

        I'm new to the forum and looking for advice on a sticky freehold situation.

        I own a two-bed flat in a converted building with two one-beds. The lease states that a fair proportion is payable towards the service charge. However, there has been a running agreement of...
        20-05-2022, 11:39 AM
      • Reply to Share of feehold/shared service charges?
        by eagle2
        I suggest that you ask the other 2 leaseholders to explain why they consider that the current allocation is fair. The freeholder has the right to review the allocation from time to time. Unfortunately, a "fair proportion" means that several alternatives would be considered reasonable to a...
        25-05-2022, 06:27 AM
      • RTM Hand Over Issues
        by martin15
        RTM handing over issues

        Our RTM companies comprise 4 blocks of 6 identical two bedroom flats and each block is registered at Companies House as a separate company.
        Following the acquisition date, it was discovered the former directors ignored legal advice and changed property management companies...
        23-05-2022, 19:36 PM
      • Reply to RTM Hand Over Issues
        by eagle2
        You appear to have a claim against the freeholder, not the individual companies, who are acting as agent for the freeholder. A Tribunal does not have the jurisdiction to deal with monies which should be handed over, it is a matter for the courts,
        25-05-2022, 06:16 AM
      • Reply to Old managing agents accounts
        by eagle2
        You do not appear to hold sufficient information to make a claim against the freeholder at this stage. I suggest that you apply to the FTT to challenge the charges. You would then be able to ask the Tribunal to direct the freeholder to disclose further information....
        25-05-2022, 06:06 AM
      • Old managing agents accounts
        by jazzythumper
        Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
        20-05-2022, 11:21 AM
      • S20 - Quotes not valid for long enough for 30 day consult
        by Flatman78
        Hi LZ Community

        Just wondering if anyone's had/having any issues with S20 and allowing leaseholder 30 days to review estimates, raise concerns etc.

        Building material prices have fluctuated massively since covid and brexit.
        with a combination of Brexit, impact from russia/ukraine...
        23-05-2022, 14:42 PM
      • Reply to S20 - Quotes not valid for long enough for 30 day consult
        by Macromia
        With just two properties involved, and you being a resident, your best option would probably be to agree a time to talk through the proposed work and the need to skip the full 30 days that are supposed to be allowed for each stage of consultation.
        If the other leaseholder has any major concerns,...
        25-05-2022, 02:52 AM
      • Freehold confusion
        by davetg
        30 years ago I bought a flat from a friend. The freehold at the time was registered to my friend and the lady who owned the other flat. I understood at the time that I would replace the friend on the freehold but this never happened. This was not a problem until now as when work on the structure of...
        24-05-2022, 14:29 PM
      • Reply to Freehold confusion
        by sgclacy
        Your friend may not have to have his ID confirmed as the consideration will be far less than £5,000 and if he did form ID5 makes life a lot easier as it can be done via a video link...
        24-05-2022, 19:59 PM
      Working...
      X