Clause in lease saying not able to rent the property?

dmo73av

Hi all,

I currently rent a property.

There is a 'noise' dispute between my tenants and my neighbour in the flat below. The neighbour is complaining as they have a daughter (about a year old) who is obviously awake at night.

My neighbour, who is a bit sensitive at the mo, since she lost her husband to cancer before xmas.

My neighbour has wrote a letter saying she wants it sorted otherwise she will enforce a bit in the lease that says the property cannot be let out. Does anyone have an idea if this can be so or what to look out for in the lease?

Ahhhh, very stressed!!! Breathe in, breathe out!!

Dmo

Guy_Montag

Have you got a copy of the lease? What does it say?

dmo73av

thanks for the response guy

i think i have found the following:

firstly, under the maintenance committe section, it talks about an 'underlessee' having same voting power as a lessee. I am am assuming an underlessee is a sub-lessee, namely a tenant.

secondly, i have found this:
'Not to use the flat nor permit the same to be used for any purpose whatsoever other than as a private flat in the occupation of one family only nor for any illegal or immoral purpose to do or suffer to be done upon the premises any act or thing which may be an annoyance or disturbance to the tenants and occupiers of the other flat the building.'

what do you think?

maninthestreet

Nothing in what you have quoted above states that the flat can't be rented out.

KittyKate

I don't know if a baby crying can be classed as excessive noise - the environmental health would need to record the noise level to determine that. The neighbour is obviously very upset at the moment and maybe has trouble sleeping anyway. But the bottom line is - you can't stop a baby crying if it wants to cry.

There is nothing in the above that states you cannot lease out the property. How about a chat with your neighbour, or even if the couple with the baby accepted the noise, but state they can't help it etc. It might help diffuse the situation and stress you less

lynzpower

the lease seems to read you cant rent to someone whos not a family, but a mother & baby are a family? so the neighbour has nothing to work on? Surely?

1066Kopite

Unless there is an express prohibition regarding sub-letting, I wouldn't worry. Please re-read your lease and let me know.

The nuisance/noise clause is a non-starter, trust me. There is no chance on earth that a baby crying will amount to the breach of a normal residential lease.

Let me know.