to be used as private residential flats and for no other purpose

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    #16
    Surely the OP only intends to rent it to one family and not set it up as a HMO, HMO often need futher regulation and/or licencing (depending on the size/number of people) by the local authority.
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

    Comment


      #17
      Thankyou for all your answers. I will explain the reason behind my question and maybe that may help.

      I own the lease on a flat in a small block. I have lived here happily for many years but slowly and surely over the last few years the flats are becoming less and less owner occupied and more and more rented out. I know renting is permitted under the lease but due to the central location of the flats the properties have recently started to attract more and more students, who are unfortunately very noisy.

      The area where i live has become so studentified over the years that the council recently passed a new directive a few years ago creating a new category of hmo licence where all properties let to 3-5 individuals had to have said new hmo licence. In order to get the licence all Landlords had to prove a rental history providing accommodation to 3-5 individuals. If you couldnt prove this then you would have to apply for planning permission to rent to 3-5 or more and basically it would not be granted to prevent the studentificationn of these areas and the subsequent affect it has on the full time residents of these areas.

      My initial question was to try and ascertain if the user clause in my lease prevented the flats from being used as hmo's even though technically the council allowed them to be so.

      I have looked through my lease and have found something else which i would like opinions on.

      The block of flats was a smart well to do property when i moved in in 1996 ( before studentification) The lease actually mentions it and states that lessees are "not to use the demised premises or any part thereof for or in connection with any illegal or immoral purpose nor to do nor permit or suffer to be done in or upon the demised premises or any part thereof or in or upon the block of flats or any part thereof anything which may or may become a nuisance or annoyance or cause damage to the lessor or the lessees or occupiers of the blocks of flats or of other premises in the neighbourhood or which may tend to harm or injure the character of the block of flats as high class residential flats.

      So heres my question how much of a case would i have for arguing that allowing students into the block with all the accompanying noise etc is injuring the block as a "high class residential flats".

      I will also mention it isnt just me who is worried about the studentification of the block and a few other residents are also concerned.

      Comment


        #18
        Then you write to the freeholder with complaints about the noise and TELL them to act on the clause you mentioned, and that continued disturbance, unresolved, will see action against the freeholder for not upholding the lease.

        As you have had MANY complaints over the years, you can suggest that the ONLY remedy that you will accept, is forfeiture of the flats.
        It is a "continuing" breach of the lease and the lease must be upheld.

        Comment


          #19
          I believe HMO's has an adverse effect on property values as it reduces the appeal to the wealthy class of occupier. Rich and high salary professionals don't want to live with noisy students who don't keep normal sleeping hours.

          Comment


            #20
            Does the lease have a clause which requires flat owners to obtain consent for letting, as if it does it may assist in making clear the restrictions on noise etc, in a similar form to the clause that you have quoted from your lease.

            Most tenancies will and is it is question of managing or enforcing lease terms from a polite chat with a neighbour to court action.

            Or in my case when approaching a noisy resident in block ( as usual, the social housing section)and getting a tirade of abuse, having them arrested for a breach of the peace
            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

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