Emergency accommodation query

Tabitharocks

Grumpy_chap said:

Jonboy_1984 said:

The requirement for freeholder consent is only if detailed in that flats lease. 

Our last flat didn't need any consent issued, but did say it could only be occupied by one family unit. 

I guess that is an important clarification to my note - thanks.

In this case, I note the OP is the 50% freeholder so presumably can easily check what the lease says with regard to rental use.  I doubt that many lease would be so tight as to mention the emergency accommodation use that is causing concern.

I'm unclear as to why the property being used for emergency accommodation would be a concern.  I suspect that if I'd fallen on tough times and found myself needing emergency accommodation then I would be so grateful for somewhere safe to lay my head that the very last thing I would do is any kind of behaviour that puts that security at risk.

If the concern is about over-crowding, I can see how that might have an impact in some cases.  Still, three or four people in a one-bed flat might not be ideal but is probably not that rare either.  A couple plus child or two couples (and sacrificing the living room) is not really any different to how student accommodation operates.

Yes, there is a slight concern of overcrowding. It is a small one bedroom flat. My major concern is that the flat has serious damp. The previous owner had to sell the flat as his letting agents refused to let it out again for health reasons. My concern is that the occupants are being placed in a flat that has serious damp issues but may not be able to ‘speak up’ due to their vulnerable position. 

I am also uneasy with the leaseholder not being open with me in the first place. 

eddddy

Tabitharocks said:

I am also uneasy with the leaseholder not being open with me in the first place. 

That comment comes across as slightly creepy. In general, the leaseholder isn't required to "be open with you" about  how they use their flat.

If the lease requires the leaseholder to get freeholder consent to sub-let, then they should have made a formal request for consent from the joint freeholders.

But more generally, unless the leaseholder is breaching the lease, it's not really any of your business. 


Although, if you suspect that the leaseholder is doing something illegal, you have the same right as anyone else to challenge them, and perhaps you should tip-off the relevant authorities.

Tabitharocks

eddddy said:

Tabitharocks said:

I am also uneasy with the leaseholder not being open with me in the first place. 

That comment comes across as slightly creepy. In general, the leaseholder isn't required to "be open with you" about  how they use their flat.

If the lease requires the leaseholder to get freeholder consent to sub-let, then they should have made a formal request for consent from the joint freeholders.

But more generally, unless the leaseholder is breaching the lease, it's not really any of your business. 


Although, if you suspect that the leaseholder is doing something illegal, you have the same right as anyone else to challenge them, and perhaps you should tip-off the relevant authorities.

I didn’t mean to come across creepy. Just honest. I’m relatively new to all this so just wanted to know the legalities etc. 

anselld

Surely "serious damp" is usually traceable to structural defect of some sort.  Should the Freeholders not be more worried about actually getting this repaired?

Tabitharocks

anselld said:

Surely "serious damp" is usually traceable to structural defect of some sort.  Should the Freeholders not be more worried about actually getting this repaired?

Yes, we were looking in to it with the original leaseholder. We’ve had all the flats reviewed by damp specialists. The work was paused because the property was sold.