Does my leaseholder have the right to compel me to evict a tenant?

by Readers Question

10:30 AM, 4th August 2016
About 4 years ago

Does my leaseholder have the right to compel me to evict a tenant?

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Does my leaseholder have the right to compel me to evict a tenant?

Hi there, can anyone advise me whether my leaseholder can force me to evict a tenant under a section 146 notice?eviction

I have a tenant in a block of flats whose behaviour can be antisocial at times due to her mental health issues. My leaseholder is threatening to revoke the lease under a section 146 notice unless I evict the tenant.

Please can anyone advise me if they have any experience of this – from what I can see the section 146 notice is more commonly used for maintenance issues.

Many thanks for your comments and shared experiences.

Natasha


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Comments

Kate Mellor

19:57 PM, 4th August 2016
About 4 years ago

I can't offer any advice on the legalities I'm afraid, but to put the other side to you, we have had several questions put from freeholders who've come under enormous pressure to act when leaseholders have let out their property to nuisance tenants who ruin the lives of their neighbours whilst the leasee sits on their hands and lets it go on. You should ask yourself why your freeholder would go to this trouble and expense without a good reason. How would you like to be the neighbour of your tenant? It's all very well taking the rent, but you have responsibilities to your neighbours and your AST should contain clauses to prevent your tenant being a nuisance. If you can honestly answer that your tenants neighbours and your freeholder are being unreasonable then fair enough, but if not then why not consider complying with the request?

David Aneurin

21:18 PM, 4th August 2016
About 4 years ago

Question:
If the freeholder cannot require you to evict a tenant, and is some cases The leaseholder is not interested in any problem tenants then my conclusion is that action can only be taken against the tenant.
I then conclude that the only action that can be taken is an injunction the tenant. Have I missed any options?
I did inquire about this once and the cost I was given was in excess of £2000 but there are some lawyers seem to be able to do this for about £250. In some situations this would be well spent and is possibly recoverable against the leaseholder especially if he has been informed and not tried to solve the problem himself.

David Atkins

22:57 PM, 4th August 2016
About 4 years ago

If the freeholder is taking action against a leaseholder because of anti-social behaviour by an AST tenant then it would be a last resort by the freeholder. Its far easier for a leaseholder/landlord to sort the problem tenant out by giving section8/21 notice. The anti-social behaviour regardless of the nature/condition of the subtenant would only come to the freeholders attention due to landlords inaction. Section 146 is last resort. If there is a mortgage the bank will want to look after its interest in the property. The duty is on the landlord/leaseholder to sort problem tenants out.

terry sullivan

0:21 AM, 5th August 2016
About 4 years ago

Reply to the comment left by "David Atkins" at "04/08/2016 - 22:57":

but how can freeholder deal with a tenant?

David Atkins

8:46 AM, 5th August 2016
About 4 years ago

Reply to the comment left by "terry sullivan" at "05/08/2016 - 00:21":

The freeholder doesn't. The freeholder can only take action against the leaseholder for breaches of covenants within the lease.

terry sullivan

8:53 AM, 5th August 2016
About 4 years ago

thanx--that was my point, that the freeholder can only protect himself by taking action against the lessee and this could include forfeiture? if no action from lessee to control an antisocial tenant

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