UK Property Law
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No, I own my flat outright & live in it, so I have a quarter share of the Freehold, along with a lease on my flat.
The 2 flats above me are rented out, 1 privately & the other is rented out through the council.
You cannot put a clause in the lease of his flat unless he agrees.You can put them in the leases of all the other flats provided all theleaseholders agree but not his unless he does.
However he is in breach of covenant not to cause nuisance becausehe is allowing it to happen.
My suggestion would be for the freeholder to write to him sayingthat unless he abates the nuisance (deals with the scummy tenant), you willtake steps to foreclose on the lease. You will then be seeing him in court!
As you clearly already had an avenue open with the local authorityregarding the earlier tenant, I'm a bit confused as to why you haven't gonedown the same route with this tenant as you did with the earlier one, dealingwith the local authority over it.
Does that answer the question? Can I assist further or answer anyspecific queries?
Thank you for that. Obviously, we do have recourse to the council. It's just the wheels of the council move very slowly & the last antisocial tenant took 6 months to evict & all the while we have to do the badgering, whilst he sits there collecting rent & inflicts his tenant on the rest of us who actually live here.
Would you suggest a solicitor's letter from the Freeholders or a personal one? Based on the responses I received over the weekend to my emails, he's not going to budge an inch on this & has washed his hands of any responsibility for it. I'm guessing going to court will be an expensive option, if we had to go down that route?
A solicitors letter always carries more weight. Court can beexpensive and can be risky but provided you win, you will get those costs backagainst him.
I appreciate that the wheels of the Council move slowly and thereis no reason not to tell the tenant what you are doing to see whether shedecides that she wants to toe the line. No doubt, she will complain that she isthe victim in this because that is how these people are.