Each of the flats in our development has an associated garage with a separate Lease, that the shareholder Lessees purchased at the same time as they purchased the Lease of their respective flats. Unfortunately, neither Lease contains a specific clause that subletting is, or is not, permitted; with the result that none of the tenants of these 4 flats, is able to use the associated garages for their cars. For example, the non-resident Lessees of two of the flats have refused their tenant permission to use the garages. In one case, the Lessee himself is using it to store furniture and, in the other, to store his own motor vehicle. Because of this, one of the tenants has 3 cars parked in our restricted roadway, and another, his commercial, long wheel-base Transit van. When the cars belonging to the other two tenants, and resident Lessees are also parked in the roadway which is designated as being for the reasonable use only of the residents it is sometimes impossible for the contractor, delivery and emergency vehicles to obtain access. The garages associated with the two other Buy-to-Let flats are used by the tenants to store their company work materials, trade items, stock, tools, etc., and for use as an occasional workshop albeit possibly without the knowledge of their Landlord Lessee. In addition, not one of the tenants of these 4 flats respects the important terms and conditions of the main Leases scrupulously observed by each of the resident shareholder Lessees, and it would appear that no stipulation requiring them to do so is included in or added as an integral contractual codicil to the wording/terms and conditions of the one size fits standard, Short Term Assured Tenancy Agreements, the Lettings Agents ask them to sign. Given the current situation outlined above, I should like to ask if we, the Directors of THRALL, are empowered, entitled or able in any way to introduce and implement the following stipulations/requirements, i.e. that: (i) the garages associated with each Buy to Let flat MUST be let, empty, with the flat and used by the tenants ONLY for parking their cars ? i.e. that the Lessee cannot retain it for his own use, or sanction its use, for any other purpose during the period of the tenancy; (ii) only one car per flat is permitted on the premises (excluding short term, visitors)? (iii) each Short Term Assured Tenancy Agreement MUST have a summary of the main clauses of the flat and garages leases attached, and a custom worded clause added to their wording/terms and conditions, that includes the stipulation that these MUST be strictly observed at all times? (iv) persistent or failure by the tenant to observe the foregoing e.g. following one verbal and two written warnings by the Board will result in immediate termination of their Short Term Assured Tenancy Agreement and notice to quit? (v) NO tenant is permitted to sub-let a room in the flat to a third party? (vi) Letting Agents must notify the THRALL Board (or its property company ) IN ADVANCE of the name, number, nationality and entry dates of incoming tenants, and confirm that an adequate current, contents insurance policy is in force ? (vii) the non-resident shareholder Lessees of the Buy-to-Let flats be required to sign an agreement with the THARL Board, accepting the foregoing, and that any breach by the Lessee of these terms and conditions, will result in a legally-recoverable financial penalty ?
Here's your answers: 1) if subletting is not restricted it is permitted 2) tenants have no right to use a separate garage/parking space just because they rent a flat that notionally goes with it (that is a matter of contract) 3) a good lease will prohibit trade, but then there is the burden of proof - suggest you'd need to get good CCTV footage 4) respecting the terms of the superior lease is a matter of whether the superior lease stipulates that any sub-tenancy requires the sub-tenant to enter into a deed of covenant to respect the lease, else there is no connection and your action is against the owner (landlord) of the flat 5) in respect of your proposed stipulations this depends on whether the lease allows you to IMPOSE estate regulations, this would need to be SPECIFIC in the words of the lease However, in practical terms (i) likely to be unenforceable (ii) no car should be permitted unless it has a space on the development, so the 1 car rule is not advised (iii) only enforceable IF (1) lease permits you to write regulations (2) you write a regulation that requires a deed of covenant to be entered into to observe the master lease PRIOR to granting permission to sublet and you retain the right to inspect and approve tenancy agreements - remember even then your recourse is only of the OWNER not the sub-tenant but this may put more pressure on the OWNERS to try harder (iv) impossible and unenforceable, what you need to do is to write to the OWNER about their breach of lease then get evidence and seek permission of the First Tier Tribunal to serve a Section 146 Notice to terminate their lease, the OWNER then can use this to help him serve notice to quit. Your stick is that you won't grant him/her permission to sub-let next time (v) this will be dealt with by a clause in the lease about letting to a single family and may render the property a 'house in multiple occupation' which can be reported to the council, again your route for recourse is to the OWNER as set out in (iv) above (vi) where the lease permits control of sub-letting via a written consent or licence to sublet, ie, an instrument in advance of the tenancy, you just make this one of your criteria (vii) this will fall out of the S146 forfeiture clause, so you already have a route for recovery, naturally, the lease will require you to pre-fund this.
Tudor House Residents, KT13 8TZ