Comments on: Managing Anti-social behaviour in rented properties http://www.hip-consultant.co.uk/blog/managing-anti-social-behaviour-in-rental-property-123/ Fri, 30 Jul 2010 10:34:45 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: Sharon http://www.hip-consultant.co.uk/blog/managing-anti-social-behaviour-in-rental-property-123/comment-page-1/#comment-7136 Sharon Fri, 18 Sep 2009 08:54:19 +0000 http://www.hip-consultant.co.uk/blog/?p=964#comment-7136 Hello Jamie, Thanks for taking the time to read my article. If the residents concerned continued to have barbeques they would be in breach of their own tenancy agreement in which case we would refer the matter to their landlord. Where it gets a bit more complicated is where the landlord does nothing to ensure that his tenants abide by said agreement. The RTM company is responsible for ensuring that the leaseholder/landlord is not in breach of his lease (which he was in this situation) and we would therefore have the option of taking out an injunction against him which would ultimately be funded by our company. Our lease is very old and does not contain mutually enforceable covenants and in many areas is considered to be defective. I hope this answers your question. Kind Regards Sharon Hello Jamie,
Thanks for taking the time to read my article. If the residents concerned continued to have barbeques they would be in breach of their own tenancy agreement in which case we would refer the matter to their landlord. Where it gets a bit more complicated is where the landlord does nothing to ensure that his tenants abide by said agreement.

The RTM company is responsible for ensuring that the leaseholder/landlord is not in breach of his lease (which he was in this situation) and we would therefore have the option of taking out an injunction against him which would ultimately be funded by our company.

Our lease is very old and does not contain mutually enforceable covenants and in many areas is considered to be defective.

I hope this answers your question.

Kind Regards
Sharon

]]> By: jamie http://www.hip-consultant.co.uk/blog/managing-anti-social-behaviour-in-rental-property-123/comment-page-1/#comment-7116 jamie Thu, 17 Sep 2009 15:23:51 +0000 http://www.hip-consultant.co.uk/blog/?p=964#comment-7116 Hi Sharon - looking at your article how would you progress with the situation if some residents still decided to continue with their barbecues? As most leases (and I obviously haven't seen yours) have mutually enforceable covenants' which require the freeholder (or the management company) to be indemnified by the individual complainee should they wish the complaint to be taken legal? Which effectively means the complainee would have to fork out for legal action should they wish to take it further? Hi Sharon – looking at your article how would you progress with the situation if some residents still decided to continue with their barbecues? As most leases (and I obviously haven’t seen yours) have mutually enforceable covenants’ which require the freeholder (or the management company) to be indemnified by the individual complainee should they wish the complaint to be taken legal? Which effectively means the complainee would have to fork out for legal action should they wish to take it further?

]]> By: Sharon http://www.hip-consultant.co.uk/blog/managing-anti-social-behaviour-in-rental-property-123/comment-page-1/#comment-6650 Sharon Fri, 28 Aug 2009 10:59:22 +0000 http://www.hip-consultant.co.uk/blog/?p=964#comment-6650 Hi Nick, Thanks for taking the time to read and respond to my article. Part of RTM legislation makes the RTM company responsible for ensuring that leaseholders abide by the terms of their lease - this is the legal authority that you ask about. When barbeques are held that breach the relevant clause contained in the lease as well as constitute a health and safety breach (and also directly interfere with the residents right to quiet enjoyment of their homes) then action is unavoidable. We hoped that by notifying the individual landlord he would take the appropriate action in dealing with his tenants but this did not happen - as evidenced by the next one two weeks later. Regards Sharon Leasehold Life Hi Nick,
Thanks for taking the time to read and respond to my article.

Part of RTM legislation makes the RTM company responsible for ensuring that leaseholders abide by the terms of their lease – this is the legal authority that you ask about. When barbeques are held that breach the relevant clause contained in the lease as well as constitute a health and safety breach (and also directly interfere with the residents right to quiet enjoyment of their homes) then action is unavoidable.

We hoped that by notifying the individual landlord he would take the appropriate action in dealing with his tenants but this did not happen – as evidenced by the next one two weeks later.

Regards

Sharon

Leasehold Life

]]> By: Nick http://www.hip-consultant.co.uk/blog/managing-anti-social-behaviour-in-rental-property-123/comment-page-1/#comment-6638 Nick Fri, 28 Aug 2009 00:05:03 +0000 http://www.hip-consultant.co.uk/blog/?p=964#comment-6638 I'm surprised that you want to get dragged into inter-tenant disputes however clear the rights and wrongs might be. What legal authority did you use to ban BBQs etc? Our view was published http://pimlico-flats.co.uk/blog/renting-studio-flats-in-london/do-you-complain-to-your-landlord-if-the-neighbour-is-noisy/ I’m surprised that you want to get dragged into inter-tenant disputes however clear the rights and wrongs might be.

What legal authority did you use to ban BBQs etc?

Our view was published http://pimlico-flats.co.uk/blog/renting-studio-flats-in-london/do-you-complain-to-your-landlord-if-the-neighbour-is-noisy/

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