Council flat possibly being sub-let- how can we find out?

Jowo_2

I agree with sulkisa - in my local area, the council housing team proactively identify sublet properties and recover the properties to relet through the courts. Quite a few councils in London do this - they've recovered hundreds of properties in the past few years this way.

It is usually a basic clause of the contract to forbid tenants to sublet and demand that they apply for permission to have a lodger. Any tenants moving out without notifying the council can expect their properties to be repossessed.

chambta

Paulgonnabedebtfree wrote: »

It may not specifically mention subletting but if you look closer, I reckon there will be some clause saying that you aren't allowed to go away for an extended period.

I read the whole thing; it was only about 6 double spaced pages. I should have mentioned I was so intrigued by the lack of apparent clause I actually rang them and they acknowledged no such condition was attached.

seven-day-weekend

The house may have been bought and left to the young couple in the deceased person's will.

PennyPinchingMiser

Spendless wrote: »

Is there any way of finding out if the flat has been let out by the council or if someone is there when they're not meant to be?

Yup, you knock on the door and ask them!

olly300

I don't understand the OP post. Are they complaining about the noise or the fact that their are new owners in the flats?

If their grandmother is complaining about the latter then complaining about just the noise properly should sort the the situation out without having to be nasty.

As already stated they need to complain about the noise to the Environmental Health department of the local council and should also send a copy of their letter/email to the freeholder, in this case the council, pointing out how their lease is being breached and a brief description of who is doing it i.e. neighbours upstairs in flat no y who are a male and female couple ages approximately x.

As leases normally have clauses in them that state something along the lines that you can't annoy your neighbours.

The freeholder being the council then would investigate if they have suitable noise clauses in their tenancy agreements and leases. If the flat is being sublet then this would be found out, however like seven-day-weekend has pointed out they may be living there legitimately.

In addition just because your lease has a clause in it i.e. only elderly or disabled people can live in the flat, doesn't mean other people in the same building have the same clauses in their lease.

BexInLondon

I don't see what's so weird about what the OP is asking. Their elderly Grandma has a problem with noisy neighbours. Experience tells that complaining about persistent noise is a long haul task, and usually thankless unless you're very likely. So if there's another way to get rid of the noisy neighbours that doesn't involve months of diarying and waiting on the phone to environmental health it makes sense to take it.

Whenever someone complains that their sister/mum/dog/landlord is doing something they shouldn't be people are quick to suggest using the consent-to-let/unpaid-council-tax/lodger-on-a-licence routes, even though these aren't actually the main issues.

It seems to me to be very sensible to deal with the noise problem in this way if possible. Though as suggested complaining about the noise may itself trigger an investigation into the tennancy.

poppysarah

BexInLondon wrote: »

I don't see what's so weird about what the OP is asking.

It is not important whether they are illgeal subletters or proper tenants. They are making a nuisance and need to be dealt with either way.

The OP will not be told, data protection, etc etc

It is much better to report the nuisance.

blckbrd

It takes a long time and a lot of effort on the part of a complainant to have a secure tenant dealt with for nuisance.

OP, you can find out if the property has been sold by doing a search on Land registry. http://www.landregistry.gov.uk/wps/portal/Property_Search

While it's not necessary for the OP's gran to know the tenure of the downstairs flat, raising the matter with the local housing management team will induce them to investigate. If the property hs been sold, there is still a duty to enforce any nuisance clause in the lease.

If there's an unauthorised occupant/introductory tenant in residence any eviction process is much quicker/simpler than action against a secure tenant.

Environmental health very seldom get involved in LA noise issues as there are remedies in place available to the tenant/landlord. They may get involved where the nuisance is an owner occupier.

A general requirement for pursuing nuisance complaints is copious documentation of the incidents. A diary of events - dates/times - would be required as evidence in any legal action.

Chambta - if you were granted a secure tenancy then to maintain that security you would have to occupy the dwelling as you sole/principal home. Parting with possession should be prohibited by you agreement and a LA that doesn't have that in their documentation is simply negligent.

zzzLazyDaisy

The HA will need to know the details of the complaint in order to deal with it, and this will include when it started.

I would contact the HA and explain that this problem with excessive noise has only been going on since the previous tenant died and the young couple moved in. The HA will then have all the information without OP having to make any (possibly unfounded) allegations.

squinty

You should tell the council about your suspicions that the property may be being sub-let.

Earlier this year the Audit Commission produced a report 'Protecting the Public Purse' which suggested that upwards of 50,000 socially rented properties were illegally sub-let. The government has made money available to Councils to tackle this type of fraud, and although it is supected the problem is much worse in big cities - your local Council should investigate.

About the noise. Has anyone spoken to the neighbour? It may be that they are not aware that they are causing a problem, and once they are aware may keep the noise down.

If this does not work then report the noise. This may be the Housing Department but may also be the Environmental Health Department or an anti-social behavour team. They may ask yout grandmother to keep diary sheets - they will want to know what the disturbance is, when it happens, who is causing this, and how it disturbs her. This may sound painful, but will help to establish a pattern - and will be better if others can do the same. They may also consider noise monitoring equipment.

Hopefully the problem can be resolved, but all this information may be used as evidence shuld the case ever reach court.