Tenants Illegally Subletting

[LondonHelp]

I own the bottom flat in a 2 flat Victorian conversion.

The tenants in the upstairs flat are illegally subletting roms in their property and despite giving the owner and the freeholder proof of this - and it being expressly forbidden in the lease - they refuse to act unless my partner and I fund the legal action.

I have taken legal advice (thanks Which? Legal) and it's been confirmed that they are all breaking the law on many levels from breach of lease, breach of the buildings insurance, health and safety issues through to benefit fraud and tax issues.

What do you suggest I do next? Where should I go for help now?

[Aequitas]

As to the breach of lease terms, you have no contractual relationship with the tenant of the other flat unless in his lease it specifically provides that he covenants not only with the landlord but also with the tenant of the other flat in respect of given covenants. It would be unusual for a covenant against subletting to be included in any covenants with another tenant.

It may be that your lease has a provision that the landlord is to enforce the covenants in one lease upon request by the tenant of another, but again it would be unusual for that to extent to covenants against subletting. In any event that requirement is almost always subject to funding the landlord's action.

It should also be noted that a breach of a covenant against sub-letting is a "one-off" breach as opposed to a "continuing breach". The effect of that is that once the landlord has notice of the breach and then demands or accepts rent, the breach is waived. Of course each new subletting is a new breach.

It would seem therefore, that you are not likely to be in a position to enforce the breach of covenant.

If you reasonably suspect there is a breach of health and safety regulations you need to report the matter to the relevant department of your local authority.

I have to ask how you know there are benefit fraud and tax issues.