Residents Association not allowing letting

[jicms]

Could someone please advise on this. The residents' association of my elderly parents' block of flats has informed them that a decision has been made that owner occupiers can no longer let their properties.

I presume they cannot impose such restrictions unless the deeds state this? They feel quite intimidated and although have no immediate plans to let their property their circumstances could change in future.

Thank you in advance.

[siva]

You will need to get hold of a copy of the lease which you can obtain from the Land Registry if you don't have a copy.

[Lawcruncher]

I presume they cannot impose such restrictions unless the deeds state this?

Correct.

Some leases contain a clause that allows the landlord to add to or alter the "regulations". "Regulations" can only deal with matters such as parking, circulation of traffic, hanging out washing, refuse collection and the like. The power cannot be used to modify the tenant's covenants or impose new obligations relating to such matter as alienation, repairing obligations and the like.

[Gordon999]

Is this in a McCarthy & Stone block of flats for retired persons ?

[jicms]

Is this in a McCarthy & Stone block of flats for retired persons ?

No, it's a purpose-built modern building non-retirement.

[jicms]

Their lease has no restrictions on letting. I don't think they will want to argue the point and will probably ignore it but I imagine any tenant's life would be made quite unpleasant by the residents' association secretary etc.

[leaseholdanswers]

Their lease has no restrictions on letting. I don't think they will want to argue the point and will probably ignore it but I imagine any tenant's life would be made quite unpleasant by the residents' association secretary etc.

For all the complainants about evil landlords and evil agents, many live in quiet terror of overzealous self-righteous, and often ignorant, residents associations.

[jicms]

The secretary has informed residents that it is a quiet block which they wish to retain and don't want young families or children! I am amazed to hear that he also holds copies of the residents' keys which I imagine wouldn't go down well with an insurance company in the event of a burglary.

My parents have now decided to rent a more suitable smaller apartment and want to let their current one. They are completely intimidated by the secretary and although their deeds show no restrictions on letting, live in fear of complaints if they do so. They've also been told no for sale or to let boards be erected. I feel they should just inform him by letter of their intentions and ask what grounds they base this restriction on. Alternatively should they employ a solicitor?

[Gordon999]

What is the wording in the lease about requirement on subletting ???
If parents feel intimidated, then ask solicitor to write a letter pointing out the lease does allow subletting ???

[leaseholdanswers]

I agree,and add any restrictions on the boards on the basis of what the lease says.

They might want it to be a retirement home but unless it is they are going to have to accept the changes. Nothing to stop you, save local demand, to offering to be sensitive to the current environment. Talk to local agents about letting prospects.


And change the locks.

[jicms]

My elderly parents are planning to move into a more suitable rented property as a trial and let their privately owned flat as security should this not work out.
The management committee are threatening them with legal action as "letting will change the characteristics of the building" and they have recently decided that a unamimous decision has been made not to allow letting. They have referred them to wording in the lease stating residents must observe any reasonable regulation the lessor may make governing the use of the flats detrimental to its character.
I can't imagine that a management company can suddenly impose such restrictions. Their intended letting agency have never incurred such a problem and have sourced a professional couple who would like to rent the property.
Is there anywhere they can go for free advice or will they need to instruct a solicitor to sort this out which will presumbaly be costly?

[Lawcruncher]

Above you said:

I feel they should just inform him by letter of their intentions and ask what grounds they base this restriction on.

Just do that and let us know what the reply is.

It is of course easy for me to say so sat here quietly at my computer with a glass of Rioja, but your parents do not want to let themselves be intimidated. Tell them to strike a blow for England, Harry and St George! You often find that if you stand up to the bullying type that they will back off.

[jicms]

Thanks for all the help. My concern is for the treatment of any tenants who may move in and want to mind their own business.

Do you think they still need a solicitor or alternatively suggest the management company produce a legal, signed copy of the supposedly amended lease?

[Lawcruncher]

Do you think they still need a solicitor or alternatively suggest the management company produce a legal, signed copy of the supposedly amended lease?

At this stage I would not consult a solicitor, but write the letter. In the letter you can ask how it is they think they have amended the lease without your parents' consent.

However, before you write the letter quote in full the clause under which they think they can prohibit sub-letting so that we can comment on it.

[leaseholdanswers]

dear "Committee"

Thank you for your recent letter.

Firstly I would assure you that our intention to let would bear in mind that this is the home's of our neighbiurs and friends as well as an investment and therefore we would do our utmost to ensure that the tenants respect the character of the building.

Secondly while I accept your word that the lease allows for regulations to be made, they cannot however alter or be in conflict with the terms of the lease in regard to underletting.

I would therfore be grateful if you would, by return please, set out the clause in my lease, if any, that restricts or controls underletting, as that takes precedence over any regulations no matter how many vote for those.

As to the assertion that our lease has therefore been amended I must correct you. As a contract both parties must agree the terms and either issue a new contract- lease or a deed of variation.

While the majority of members of our Man Co have voted for a particular condition, that only authorises the decision of one party to seek a change to a contract/lease, but that cannot affect that contract/lease until such time as we agree, as set out above.

The only other alternative is for the Court to alter the lease and in the same way, I am not aware of any proceedigns or decisions doing so.


I'd grab your lease and check it urgently.