wall of text, tough spot, threat of legal actions.

Makapaka

The story:
Almost 2 years ago I've bought 2 bedroom London flat in decent/close to centre location using shared ownership scheme. I'm really pleased with the flat and consider myself lucky as having two bedrooms for that price in that location would be unachievable trough private rent. I also consider myself forward thinking and knowing that shared ownership is labelled as scheme with all the disadvantages of renting and owning I chose a property that will allow me staircase asap (renting spare bedroom).

After moving in to the flat (at that time me, my partner and our child) I quickly realise that we're not using all the space and could make some extra money by having a lodger in our spare bedroom. We warn't so eager to have "permanent" lodger so we figured out that short/holiday stay is something for us. I advertised the room on few websites offering short stay and got relative success with the flexibility we ware looking for.

Before the ads went live I enquired about legality of the whole idea and ways not to breach my leas as my contract says: "The Leaseholder is not permitted to sub-let or part with possession of the property in any other way until the Leaseholder staircases to 100% ownership of the property." And I got following answer which was satisfying for me at that moment:

"Lodger is legally fine but the management company may not agree! If it goes to court, you would need a solicitor to argue that you have not parted with possession of any of the property, you have shared possession of it (big difference).

The only exception to this is if you have granted 'exclusive possession' of the room. Then they are not a lodger, they are an excluded tenant. When you next get a lodger, include in the agreement a phrase along the lines of "this agreement does not grant exclusive occupation rights of any part of the property and the landlord reserves the right to enter all rooms at will whilst respecting the lodgers right to privacy"

Everything was idyllic till recently when I got phone call from a employee of my housing association (landlord) telling me that they receive anonymous email telling them that I've "adopted my property without permission with the intention of sub-letting the second bedroom and operating it as a "mini hotel". We have found evidence of the room being advertised on numerous websites including ..." Whole letter in the pic below


Just to clarify the "adopting with no permission" phrase. I did build small stud wall in the flat but it was seen before by the housing association employees when they ware doing scheduled inspection. Apart from this it can be easily removed, I'm not really concerned by this "adaptation".

At the end I'll give you some social background and the mood in the development regarding my "mini hotel". I would say 9 in 10 people ware neutral/understanding/impressed by my idea and set up. I know at least one person had a problem, but I know it's a type of a guy who will complain about "humming noise from his celling lights" or about a 2 mm paint gap between heating display and the wall. His main "concern" was that all the guests must know the entrance gate pin.

On top of that none of my guest behave in an unacceptable way. All of them ware genuine tourists with good manners that on many occasions invited us to their cities. There is a lot of personal touch to my hospitality and guests are often in invited to my part of the flat.

The problem:

I need general advice on the situation, is it likely they will take that to court if I don't stop?

do they have a case?

Can I argue that I'm not granting "exclusive possession" therefore I'm not breaching the leas?

Would professional legal advice guarantee me to achieve my goal?

I need some help with writing the response.

Thanks.

Makapaka

I can't add the picture of the letter. Any ideas how can I add it?

Makapaka

The letter:

It has come to my attention that you have adopted your property without permission with the intention of sub-letting the second bedroom and operating it as a "mini-hotel". We have found evidence of the room being advertised on numerous websites including wimdu.com

This is against the terms of your lease and must be stopped immediately. All advertisements on websites must be removed immediately. Any people staying with you at present must leave immediately.

If this is not done we will take legal action against you and you could risk losing your property.

You must agree a time and date for a technical officer to inspect the works you have erected. They will be able to confirm if the structure will need to be removed at your own cost. Please contact me on the details below to arrange this.

If we have not heard from you within 7 days we will be instructing our solicitors to start legal proceedings.

Thank you for your cooperation.

tigsly

I'm not a legalbod - but am concervative in my approach.

I think I would remove all the adds as requested - and people who are saying. Write them a letter appolgising - explaining that you thought you could have a lodger - and that you felt this was a similar situaion - then explain why ..

If you ignore this - it could turn messy and expensive..

Makapaka

tigsly wrote: »

I'm not a legalbod - but am concervative in my approach.

I think I would remove all the adds as requested - and people who are saying. Write them a letter appolgising - explaining that you thought you could have a lodger - and that you felt this was a similar situaion - then explain why ..

If you ignore this - it could turn messy and expensive..

Really? Just give up? Because of one weirdo? I actually know as a fact that other tenants got lodgers and nothing is happening. I'm just curies weather they got the legal background to do anything? In the lease contract is only one small point about sub-letting and I think that can easily be fiddled with. I'm also curies about their demands. On what ground they're asking to IMMEDIATELY remove the ads? There is nothing in the leas contract about adversing my spare bedroom on internet therefore I don't think I have the obligation to remove them. Ad itself on internet does not prove/violate anything. Does it?

Here is the lease point about sub-letting again:

The Leaseholder is not permitted to sub-let or part with possession of the property in any other way until the Leaseholder staircases to 100% ownership of the property.

anselld

Taking a lodger is not a breach of the lease as described. However, adapting without permission almost certainly is a breach and taking in B&B style guests may breach other terms eg regarding operating as a Business.

Browntoa

I'd argue you are running a business , not taking in a lodger, as you admit

that would be in breach of your shared ownership as they say and as a freeholder they may also object.

Pixie5740

I don't think that your neighbour's concerns are unwarranted. You sound like you are running a B&B rather than taking in a lodger which means having lots of different people coming and going and knowing the code for the security entrance.

mrginge

Sounds like business to me.
I'd stop it if i were you.

theartfullodger

If you don't stick to the rules you need to change what you are doing or get booted out: Your choice!

junglejame911

I'd say your fortunate your landlord is so lenient. There are probably numerous laws broken here as well (registering business, health and safety, income tax declarations etc etc). Might be a good idea to heed their request.