Renting my flat against terms of Lease - what will happen ?

tom9980

kmmr wrote: »

Technical question for the experts. Isn't the tenant really a lodger? Sounds like non exclusive use of the flat (one room locked with ops stuff) and mother staying regularly?

Then the ctl issues go away. Still a freeholder issue, but tbh that seems manageable and lease forfeit for a lodger would never be held up IMHO.

I agree sounds more like a lodger to me with the owner away working abroad for a year, which basically means no problem with lease, mortgage etc.

propertyman

Not at any time to underlet the flat or any part thereof and not at any time assign or part with the possession of part of the flat

This precludes subletting the whole and PART, which sadly includes a lodger.

That the person is unrelated to you, while you or your family might stay there from time to time, only adds to the breach.

Since the underletting has the landlord/freeholder asked for ground rent or service charge, then this is called waiver.

He cannot then forfeit the lease as he has done something, demanded rent, AFTER the breach, which indicates that he intends the lease to continue, not end.

kmmr

I agree it would still be a breach, but there isn't any real chance that the courts would consider that enough to relinquish the lease.

However, there isn't much you can do about officious freeholders who thinks that any little breach means they can get the lease cancelled! If you go to landlordzone, they have a section on long leases. There was a good thread there by 'IntheClouds' where she, as freeholder, was trying to deal with a problematic leaseholder.

And this leaseholder was causing MAJOR disruption, but the LVT still didn't consider really cancelling the lease. They are not going to strip you of a £400k asset for having someone stay for a while.

He can still be painfully annoying though... but legally in a weak position.