Just been going through the lease and can quote the following:
(8) Not to do or suffer to be done on the demised premises or any part thereof any act thing whatsoever which may be or tend to be an annoyance nuisance damage or disturbance to the owners tenants lessees or occupiers of any adjoining or neighbouring property or of the other flats in the said property and to use the demised premises as a private residence and for no other purpose.
(9) Not to make structural alterations or additions to the demised premises or any part thereof withouth the previour consent in writing of the lessor...
(10) Within twenty one days after every assignment transfer underlease charge or mortgage of the demised premises or any part thereof or any devoloution of the interest of the leassee therein to give notice in wriing to the lessors solicitors specifying the name address and description of the person or persons to whom or in whose favour the assignment transfer underlease charge mortgage deposition.... etc etc..
3.(2) That the lessor will require every person to whom he shall hereafter grant or transfer a lease of the other flats in the said property to enter into covenants in terms similar to the covenants herein entered into by the lessee in caluse 2 hereof subject only to such reasonable modifications as the lesor shall in the circumstances deem necessary and that until such transfer of or grant of a lease of the other flats the lessor (so far as applicable) shall observe and perform the covenants in terms similar to those contained in clause 2 hereof.
(3) That (if so required by the lessee) he will enforce the covenants similar to those contained in clause 2 hereof entered into or to be entered into by the lessees of the other flats insofar as the breach or non-observance of such covenants affects the lessee.
Later it says
(5) in this lease where the context so admits
(a) the words importing the singular number include the plural and vice versa
(1) 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 nor permit the flat to be user for any illegal immoral or disreputable purpose
(3) Will not so as to cause annoyance or inconvenience to the lessor the owners lessees and occupiers of the other flats play or use or permit to be played or used any piano pianola gramaphone television wireless louspeaker or mechanical or other musical instrument of any kind or permit any singing to be practived in the demised premisis so as to be audible outside the demised premisis between the hous of 11pm and 8am and not at any time to cause a nuisance of annoyance to the lessees or occupiers of any of the other flats in the said property.
...Ive looked into the planning permission aspect and youre only in breach of that if you convert your flat - which they have not done (at least I dont think they have). Ive looked into the insurance and although Im sure were there to be any claim the insurance company would argue there is a breach of some kind - the managing agent insists the building is still ensured even with two families up there...
The lease doesnt appear to strictly prevent underletting sharing or subletting which is strange... although I suspect this is covered under the clause a single private dwelling and one family only covenant...
The only covenants I have in my favour are the 'family' clause combined with the ongoing nuisance factor caused by two couples (families) up there.. and perhaps the private residence and single private dwelling clauses... I honestly cant think of anything else... Guess im screwed then.
(8) Not to do or suffer to be done on the demised premises or any part thereof any act thing whatsoever which may be or tend to be an annoyance nuisance damage or disturbance to the owners tenants lessees or occupiers of any adjoining or neighbouring property or of the other flats in the said property and to use the demised premises as a private residence and for no other purpose.
(9) Not to make structural alterations or additions to the demised premises or any part thereof withouth the previour consent in writing of the lessor...
(10) Within twenty one days after every assignment transfer underlease charge or mortgage of the demised premises or any part thereof or any devoloution of the interest of the leassee therein to give notice in wriing to the lessors solicitors specifying the name address and description of the person or persons to whom or in whose favour the assignment transfer underlease charge mortgage deposition.... etc etc..
3.(2) That the lessor will require every person to whom he shall hereafter grant or transfer a lease of the other flats in the said property to enter into covenants in terms similar to the covenants herein entered into by the lessee in caluse 2 hereof subject only to such reasonable modifications as the lesor shall in the circumstances deem necessary and that until such transfer of or grant of a lease of the other flats the lessor (so far as applicable) shall observe and perform the covenants in terms similar to those contained in clause 2 hereof.
(3) That (if so required by the lessee) he will enforce the covenants similar to those contained in clause 2 hereof entered into or to be entered into by the lessees of the other flats insofar as the breach or non-observance of such covenants affects the lessee.
Later it says
(5) in this lease where the context so admits
(a) the words importing the singular number include the plural and vice versa
(1) 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 nor permit the flat to be user for any illegal immoral or disreputable purpose
(3) Will not so as to cause annoyance or inconvenience to the lessor the owners lessees and occupiers of the other flats play or use or permit to be played or used any piano pianola gramaphone television wireless louspeaker or mechanical or other musical instrument of any kind or permit any singing to be practived in the demised premisis so as to be audible outside the demised premisis between the hous of 11pm and 8am and not at any time to cause a nuisance of annoyance to the lessees or occupiers of any of the other flats in the said property.
...Ive looked into the planning permission aspect and youre only in breach of that if you convert your flat - which they have not done (at least I dont think they have). Ive looked into the insurance and although Im sure were there to be any claim the insurance company would argue there is a breach of some kind - the managing agent insists the building is still ensured even with two families up there...
The lease doesnt appear to strictly prevent underletting sharing or subletting which is strange... although I suspect this is covered under the clause a single private dwelling and one family only covenant...
The only covenants I have in my favour are the 'family' clause combined with the ongoing nuisance factor caused by two couples (families) up there.. and perhaps the private residence and single private dwelling clauses... I honestly cant think of anything else... Guess im screwed then.
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