Freehold flat management committee refuses to allow Mum to let her flat

[robmoores]

My Mum owns the freehold to her flat - one of 16.

Most of the flats are owned as second homes (It is at the seaside)

The management committee have a rule that the flats cannot be commercially let/ rented - they can only be occupied by the owners and their families.

 

My question is: is such a rule enforceable ?

 

Thank you for reading !

[honeybee13]

Hello and welcome to CAG.

 

You say it's the management committee? Is this shown in writing in any documents that you have please?

 

Other people here know more than I do about freehold flats in clocks, they should be along later.

 

HB

[stu007]

Hi

 

Does this Management Committee do the factoring for the building?

[robmoores]

Thanks for the replies above:

- The rule is documented in meeting minutes and actions a a decision of the committee. The committee consists of some of the residents

- I don't understand that you mean by "factoring" - can you explain please ?

Many thanks again for taking the time to reply ...

[king12345]

As your mum is the freeholder (or more likely owns a share of the freehold) there would be very little the committee/other residents can do about it apart from moaning.

It would be different if the property was a leasehold.

[stu007]

OK

 

1. Who actually owns/maintains the building the flats are in?

 

2. Have a good read of all the Legal Document for your Flat to make sure they do not contain any clauses mentioning this.

 

3. Ask the Management Committee for a copy of its Constitution & Standing Orders (if they have a website check their it may be available to download).

 

4. Are you sure this is a Management Committee and not a Residents Committee?

[andydd]

If she fully owns the freehold then it's unlikely such rules would apply, more likely its share of freehold or leasehold either way there would be a lease, what does this say ? Many do not allow subletting.

[unclebulgaria67]

My Aunt owned a flat, with the freehold shared with about a dozen other flats, with each flatowner having a lease for their flat. There was a clause in the leases, that they could not be let out. There was a management company, but the minutes of any meetings about issues, could only point back to the terms of leases and what was expected of leaseholders. If people are breaching their lease terms, then it is up to the management company representing the freeholders, to take relevant action. What action could be taken, i am not sure of, but i guess it could involve taking them to court and getting a Judge to enforce the lease terms i.e no letting out. There would no doubt be a requirement to send the leaseholder a letter giving them notice.

[ericsbrother]

concur, look at the lease conditions. I would guess that there was a buyout of the freehold and it is now held in common by all of the flat owners. This wouldnt change the conditions of the original lease, just who has the powers cested to make sure the terms of the lease are being adhered to. The management committee cannot change anything, just enforce what already exists and collect the maonies for repairs etc. They can set the level of funding for that.

[andydd]

My Aunt owned a flat, with the freehold shared with about a dozen other flats, with each flatowner having a lease for their flat. There was a clause in the leases, that they could not be let out. There was a management company, but the minutes of any meetings about issues, could only point back to the terms of leases and what was expected of leaseholders. If people are breaching their lease terms, then it is up to the management company representing the freeholders, to take relevant action. What action could be taken, i am not sure of, but i guess it could involve taking them to court and getting a Judge to enforce the lease terms i.e no letting out. There would no doubt be a requirement to send the leaseholder a letter giving them notice.

 

The action that can be taken can be drastic, forfeiture , where the freeholder takes the property and the owner is left with nothing, although it is rarely carried out to completion.

[robmoores]

Thanks everyone for your replies...

 

She is a bit forgetful and having talked to her tonight she has decided that:

- all the flats are leasehold

- there is a freeholder but nobody has been able to late her/him/the organisation for many years !

- the committee is a Residents Committee

- the rule about letting the property is in the original deeds

 

- interestingly, the deeds also do not allow the garages to be used to park anything except cars, however nobody s enforcing this and several residents use the garages to store boats

 

so ....

1) Does the Residents Committee have the right to enforce conditions laid down in the Deeds, or is that the Freeholders (who is unknown) responsibility ?

2) Either way, if the condition regarding garage use has been flagrantly flaunted for many years, might this set a precedent ?

 

Thanks again for your questions and advice to date ...

[mariner51]

@OP, is this flat your mother's principal/only home or a 'second home'?

If 'principal/main/only', I doubt MC can legally object to her taking a lodger under current Rent a Room scheme and charging rent to current max of £4500 pa (£375pcm) tax free.

Read up on 'Rent a Room' Scheme' requirements.

[robmoores]

Thanks again for the replies... to answer questions posed ...

 

- this was my mother's main home - we moved her up to Leeds recently and because the housing market is slow the family clubbed together to buy her a flat so she didn't need to sell her flat first

 

- Th residents committee have agreed that she can TEMPORARILY let her flat for up to 12 months as long as she is actively trying to sell it.

 

So that is fine - the problem now is:

 

- there have been several interested parties to buy the flat as a buy to let; however they have pulled out when the estate agent tells them that the flat cannot (generally) be let

 

Hope that helps clarify

[ericsbrother]

if its in the lease then best not do it, simple as that. the residents committee is not in a position to enforce anything though, they can only complain to the freeholder about the breach who than then take steps to enforce the terms of the lease.

[robmoores]

@ericsbrother: thanks for the response. As the freeholder is unknown (possibly long since deceased) there would be nobody for the residents committee to take the issue up with !

 

I guess it all hinges on the rights of the residents committee then ...

[honeybee13]

Rob, what paperwork do you have from when your mother bought the flat please?

 

I agree with the guys, I would be looking beyond what the residents' committee thinks.

 

HB

[stu007]

Ask the residents committee for a copy of there Constitution & Standing Orders.

[king12345]

If the freeholder is not traceable and your mum rents the flat out, the other leaseholder can't do anything.

Only the freeholder can enforce the terms of a lease and take legal action.

[Ethel Street]

As the freeholder is unknown (possibly long since deceased) there would be nobody for the residents committee to take the issue up with !

 

Even if the freeholder named in the lease has died surely someone would have inherited it?

 

Do the residents pay Ground Rent? Who to - it's supposed to be for the freeholder.

[andydd]

Yes rarely are the original freeholder and leaseholder as named in the lease still around, it just gets assigned on and on, the lease doesn't change, you need get info from land registry to find current freeholder.

[ericsbrother]

the residnets committee have no rights to do or say anything but someone owns the freehold and they can. If the original owner has dies it belongs to their heirs or successors and that may even be the government. Look on the land registry and see what it says Will cost you £3 so not a lot