Leasehold flats - how to impose restrictions

[andye30m3]

I live in a leasehold flat, which is 1 of 5 in an old converted house, we as the flat owners also all own an equal share in the freehold and management company.

I've live here for around 8 years and up unto last year every things been fine, however last year one of the owners started to rent his flat out, it's a bit of a mess inside and seams to attract utter low life, this has brought to the attention of myself and at least one of the other residents that the terms of our lease are very relaxed.

I expect in the 60's when the house was converted to flats people were a little more considerate of neighbours but now a days no one really seams to give a st about anyone else. For instance our lease doesn't even restrict people having dogs which is a bit of a nightmare as the sounds insulation isn't up to much.

we have our AGM next month and I was going to suggest that as the freeholders we look into imposing restrictions on the leases such as no dogs, no wooden floors above ground floor etc etc, obviously requesting suggestions from all parties and only looking to impose those which every body is happy with.

How difficult is it as a management company / freeholders to add restrictions to a lease? and what is involved?

I've also suggested that we look at when restrictions are imposed as standard in new build apartments as a starting point for discussion, does anyone know where I could find something like this?

I don't expect this to be easy but like to think that it can be used to benefit everyone should we end up with complete tossers for neighbours again.

I know at least 1 neighbour would be very supportive although she seams to think that we should ban smoking, so getting her to be realistic might prove the hardest task!

[SJobson]

A lease is a contract. Unless the lease already contains restrictions which might be enforced, you have no way of dealing with this. The freeholder cannot unilaterally impose new obligations.

But it would be a very odd lease which didn't contain something which you could use against the relevant tenant, if they are causing damage or disturbance.

[Wings]

SJobson said:

A lease is a contract. Unless the lease already contains restrictions which might be enforced, you have no way of dealing with this. The freeholder cannot unilaterally impose new obligations.

But it would be a very odd lease which didn't contain something which you could use against the relevant tenant, if they are causing damage or disturbance.

Agree, all the leases I have read, have stated to the affect that the leaseholder shall not permit a nuisance or annoyance from the demised premises to other occupants of the property, or any adjacent property or the occupiers of the same, and shall pay all costs and expenses in abating such nuisance. Such nuisance may be by any unreasonable noise at any time by animals, musical equipment, radio, television or motor car etc. In fact some leases even restrict sub letting.

This link might offer the OP further advice and guidance;

http://www.rpts.gov.uk/our_services/rtba.htm

[Beardy10]

It's very easy to get the terms of a lease changed as long as everyone agrees. I am actually just doing this now as I have had some building work done and one of the things I am having removed is the restriction on wooden floors (I live on the ground floor). I got permission before doing the work from he other leaseholders/freeholders but want my lease to reflect that.

[andye30m3]

Thanks for the replies,I took a good look through the lease with is something I'd not done for many years and a statement very similar to the below is included

Wings said:

Agree, all the leases I have read, have stated to the affect that the leaseholder shall not permit a nuisance or annoyance from the demised premises to other occupants of the property, or any adjacent property or the occupiers of the same, and shall pay all costs and expenses in abating such nuisance. Such nuisance may be by any unreasonable noise at any time by animals, musical equipment, radio, television or motor car etc. In fact some leases even restrict sub letting.

so at least there may be a way of addressing the issues. I'll have a read through the link

Thanks again

Andy