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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Leicester Close Residents Ltd is the landlord of a block of

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Leicester Close Residents Ltd is the landlord of a block of 42 privately owned flats. Some of the flats have been purchased and then sub-let by the leaseholder One particular leaseholder has recently sub-let to someone who is extremely noisy and does not allow for peaceable enjoyment for the remainder of the residents. Can Leicester Close Residents issue what I believe is called a Section 21 on the noisy tenant or is it only

the leaseholder who can do this. This is not the first time that this leaseholder has been asked to speak to previous tenan ts but he does nothing. Can Leicester Close Residents take action to remedy the situation. Many thanks. XXXXX (Coommittee of L.C.R.Ltd)
Hi,

Thanks for your question.

If the property has been let by the leaseholder on a tenancy agreement to a tenant then it is only the leaseholder that retains the right to recover possession of the tenancy unfortunately. A s21 notice is to end a tenancy upon the expiration of the fixed term, or thereafter once the tenancy has become a month-to-month statutory periodic tenancy. A s8 notice is for terminating the tenancy prior to the expiration of the fixed term

The company cannot issue the notice.

The company could exert pressure upon the leaseholder by checking the leaseholder covenants in their lease. It will probably contain a clause requiring occupation in a tenant-like manner. The company could inform the leaseholder that they consider this a breach and ask that he take appropriate action to compel the tenant to modify their behaviour – by warning them or perhaps issuing a notice under either s21 or s8 appropriately depending on the tenants position as to breach of the tenancy agreement.

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Tom
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