upstairs owner occupants running a commercial business in their residential property

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    #1

    upstairs owner occupants running a commercial business in their residential property

    I live in a house divided into two flats. I own the ground floor flat. The chap upstairs has recently purchased the top floor flat. We both own 50 percent ( half equal share) of the freehold.

    We both recently had our leases extended by 999 years at the same time to both our properties

    since the chap has purchased the upstairs flat he has already let out two rooms


    one of the tenants is using the premises(their flat) as a boarding house for dogs and is running a business. They are also letting 5 dogs run riot in the shared communal garden as part of the business.

    How would I be able to determine if any of the above breaches the lease. What action can take?
    Tags: None
    #2
    Check the wording in your lease for usage of flat.

    Comment

      #3
      Kennels, if that's what it is, need to be licensed by the local authority.

      As Gordon says you need to read your lease, for restrictions on pets, business use, subletting part or whole of the property, use of the garden and nuisance.

      Comment

        #4
        My lease reads. The above referred to tenants covenants.
        1.to use and occupy the flat as a private dwellinghouse only for the sole occupation of the tenant his family and members of his household.

        4. Not without the consent of the landlord (which may be revoked at any time) to keep any live animal in the flat.

        is the animal hoarding for business breaching the lease. Is subletting rooms a breach of the lease. If so what are my options??

        Comment

          #5
          Originally posted by hine View Post
          is the animal hoarding for business breaching the lease.
          Likely so.

          Is subletting rooms a breach of the lease.
          Likely so but it depends if there are other clauses in the lease allowing subletting.

          If so what are my options??
          The freeholder can pursue the leaseholder for breach of lease.

          However, you may struggle with this as the two of you together are "the freeholder" (your comment that you both own 50% of the freehold is nonsensical but this is what you mean). So any action taken by "the freeholder" needs the support of the two of you.

          And unless the other leaseholder has some strange form of split personality I guess you may struggle to get him to agree to pursue those breaches.

          Difficult situation this.

          Do you have any mutual enforceability clauses in your leases? They are normally worded that "the lessee covenants with the lessor and with all other lessees" or something along those lines, and they would give you personally (as the lessee) the right to take action against breach of lease.

          Comment

            #6
            Ref "1.to use and occupy the flat as a private dwellinghouse only for the sole occupation of the tenant his family and members of his household."

            If the other person ( the dog man ) is NOT his family and members of his household, he cannot have them there. Therefore he cannot sub-let or part with any of his rooms to none family members.

            I assume that the two of you own the freehold, and if that is the case, you need 100% authorisation from the landlord, the landlord / freeholder is both of you, so if one owner refuses to "Waive" the lease on pets and none family members staying there, then you do not have 100% of the landlords permission ( 50% against ).


            "Not without the consent of the landlord (which may be revoked at any time) to keep any live animal in the flat."
            The same applies in that if one you refuses to allow pets, then again there is not 100% permission from the freeholder, and the pets must go
            Note, it's hard to remove pets legaly, such as a cat, but to be running a business is not on.

            Do the two of you own the freehold ?

            You can go to court to stop him, but read more replies before acting on that.

            Comment

              #7
              Originally posted by hine View Post
              4. Not without the consent of the landlord (which may be revoked at any time) to keep any live animal in the flat.

              i?
              If however the animal is dead thats ok yes?
              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

                #8
                Has the leaseholder breached the lease

                Comment

                  #9
                  upstairs owner occupants running a commercial business in their residential property

                  I own a ground floor flat(leasehold) and half of the freehold

                  my upstairs neighbours own the top floor flat(leasehold) and the other half of the freehold

                  Since January they have been running a dog hoarding business from their property.
                  What are my options for action
                  1) contact their mortgage provider's?
                  2) contact their insurance company?

                  I have looked under the terms of the lease. The terms have been broken. I cannot afford to go down the legal route.

                  I have asked them to stop but they refuse advertising for more dogs on online forums.

                  what other action can I take?

                  Comment

                    #10
                    Done think either 1) or 2) is realistic, you may be able to find out their insurance company by getting a copy of the lease, but |i would of thought insurance details and would be private./

                    The proper course is as you mentioned to ask the FH to carry out the terms of the lease, it may though ask you to pay for the costs.

                    Have you contacted the other LH, they are taking a risk by breaching the lease in this way which could lead to forfeiture....if actually proved they are in breach.
                    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

                      #11
                      What exactly is a dog hoarding business. Just curious.

                      Comment

                        #12
                        Its a bit like dog boarding only you don't give them back
                        All posts are my own opinions, please confirm with qualified persons before taking advice. Apologies in advance for misunderstandings or any offence caused

                        Comment

                          #13
                          You have posted about this before.

                          Did you follow the advice given in your previous post?

                          If they are hoarding dogs as opposed to boarding, then that probably isn't really s business, surely that's pets and unless the lease prohibits pets it might be difficult to enforce.

                          How many dogs are we talking here, as I posted in reply to your previous post, maybe the council or RSPCA could help?

                          Comment

                            #14
                            Two related threads have been merged.
                            I also post as Mars_Mug when not moderating

                            Comment

                              #15
                              They are taking money for a dog boarding and hoarding service. Looking after 8 different dogs. The owners will collect at around 7pm in the evening. This is an all day service. The dogs will be walked up to 3 times during the day. I have contacted my council who are unable to help as they say I am not a council tenant. I am a homeowner(leaseholder)

                              Can someone please clarify. Do I check the terms of my own lease or THEIR lease.
                              running a commercial business in a residential leasehold property, surely this is prohibited.
                              They are now advertising on line for more dogs

                              Comment

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