Residents Association not allowing letting

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    #16
    Having seen the clause in question I recommend the OP write to the management company with a copy to each director, the secretary and any managing agents as follows:

    I am writing on behalf of my parents Mr and Mrs X who are the tenants of Y.

    Even though the lease of the flat contains no prohibition against subletting, they have been informed by the management company secretary that they cannot sublet because a regulation to that effect has been promulgated. Whilst it is acknowledged that the lease grants the power to make regulations, that power can only be used to make rules governing such matters as parking, the use of common parts and communal facilities, making excessive noise, the drying of washing and the like. In short, all regulations must be designed to prevent anything which causes a nuisance or inconvenience to residents.

    The power cannot be used to vary the lease or impose entirely new obligations. Matters which are covered by the lease such as how much rent is to be paid and how frequently, the use to which the premises may be put, repairing obligations, who may or may not reside in the premises, what alterations may or may not be made and what restrictions are placed on alienation by way of assignment, subletting or otherwise are inviolate. That has to be the case or no lessee could ever sure what the terms of his lease were.

    Accordingly, my parents propose to proceed with subletting the flat.

    I must ask that the management company secretary refrains from making any further direct contact with my parents. Whilst I am sure that he feels he is acting in the best interest of the residents, my parents, who are in their late eighties, find his manner overbearing to the point where it approaches being intimidating. In this respect I respectfully refer you to section 1(3) of the Protection from Eviction Act 1977 which provides that any person with intent to cause the residential occupier of residential premises to refrain from exercising any right in respect of those premises does acts calculated to interfere with his peace or comfort is guilty of an offence. Further, section 1(6) provides that where an offence under section 1(3) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

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      #17
      Might I add that you might add to the draft an explanation of why they are inviolate in terms that a reluctant ManCo Secretary will
      a understand
      b you the OP can then argue

      The reason I suggest this that they may well persist in their belief that the majority can "vary" the terms of a lease through regulation alone.


      Given a typical wording of say
      The Lessee shall comply with and observe any reasonable regulations which the Lessor may make consistent with the provisions of this Deed
      While the lease allows the landlord to make regulations, it is clear that these must be consistent with the terms of the lease, refered to as the provisons of this Deed. As the lease makes no restriction or prohibition over the underletting of the flat, it is clear beyond doubt that the parties to the lease agreed and intended that there be no such restriction or prohibition.Such a regulation to prohibit or restrict underletting would therefore be entirely inconsistent with the lease.
      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.

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