Hi guys,
I have a some neighbours above me who moved in to a two bedroom flat above me a while back. At the time I didnt think anything of it but recently there has been a significant amount of noise nuisance. It turned out that there is only one owner above and she is living with her boyfriend, and taking rent from two friends for a room. They share facilities.
I recently complained to the managing agent for the property about this and they have since issued the above owner with 14 days notice to evict the friends who are paying rent as they are in breach of lease through not being 'one family only'. However, It has now been a month and they are still in the property as they are arguing that the term 'family' is not clear cut, and that because they share everything they are effectively 'one family' despite the fact she has already admitted being friends.
The lease strictly says 'Will not use the flat or permit the same to be used for any purpose whatsoever other than as a single private dwelling in the occupation of one family only'
My question is whether their claim to be 'family' would stand up in court? I have asked a solicitor friend of mine who deals in this kind of stuff who has said that the term family is no means clear cut and that it can go both ways.
They are an ongoing nuisance every day now and we are seriously considering paying court fees to have the friends evicted, does anyone have any experience with court cases based around this term 'family'? Can an owner and her boyfriend renting out to two friends really be considered 'one family only'?
I live in London but any advice or experience on this would from elsewhere would be really appreciated.
Thanks in advance,
D.
I have a some neighbours above me who moved in to a two bedroom flat above me a while back. At the time I didnt think anything of it but recently there has been a significant amount of noise nuisance. It turned out that there is only one owner above and she is living with her boyfriend, and taking rent from two friends for a room. They share facilities.
I recently complained to the managing agent for the property about this and they have since issued the above owner with 14 days notice to evict the friends who are paying rent as they are in breach of lease through not being 'one family only'. However, It has now been a month and they are still in the property as they are arguing that the term 'family' is not clear cut, and that because they share everything they are effectively 'one family' despite the fact she has already admitted being friends.
The lease strictly says 'Will not use the flat or permit the same to be used for any purpose whatsoever other than as a single private dwelling in the occupation of one family only'
My question is whether their claim to be 'family' would stand up in court? I have asked a solicitor friend of mine who deals in this kind of stuff who has said that the term family is no means clear cut and that it can go both ways.
They are an ongoing nuisance every day now and we are seriously considering paying court fees to have the friends evicted, does anyone have any experience with court cases based around this term 'family'? Can an owner and her boyfriend renting out to two friends really be considered 'one family only'?
I live in London but any advice or experience on this would from elsewhere would be really appreciated.
Thanks in advance,
D.
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