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Post a reply to the thread: Can Leaseholder_A take Leaseholder_B to court so that B's tenants to be evicted ?

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  • 09-20-2020, 04:07 PM
    mm2020

    Can Leaseholder_A take Leaseholder_B to court so that B's tenants to be evicted ?

    I am a leaseholder and occupier of the first floor flat, and one of the RTM directors of this building.

    The tenants upstairs (second floor) often makes noise late at night, every few weeks throw late-evening or night parties, and even have all-night-till-not-only-morning-but-till-afternoon(!) parties with loud music on throughout.

    I consulted their estate agency, and the agency called them to discuss about the matter.
    I consulted the council and they sent a letter to them, that more legal actions may be taken if not compliant.
    But there is not much change.

    They even broke the COVID 6 persons rule during an all-night party, so police officers attended. But immediately after the officers left, they again started the music party with the friends (less than 6 people now).

    The lease explicitly states that music or loud noise is not allowed between 11pm and 8 am.

    So, I think what the second floor tenants are doing is considered to be a repeated breach of lease.

    The said tenants also installed a satellite disk on the front of the building, which is non-compliant in this area and a breach of lease. The lease explicitly states not to do so. The property manager of this building asked the tenants (and the leaseholder) to remove it (but not done yet).

    As all options tried are not working, can I take the leaseholder of the second-floor flat (who is not a RTM director) to the court for the breach of lease, and ask to evict their tenants?

    Of note, the second-floor leaseholder does NOT live in this building. I am the only leaseholder who actually live in this building (there are several flats in the building).

    As it is difficult to get a 'paying' tenant these days, the second-floor leaseholder doesn't want to let the current tenants go. It seem that the current tenants pay the rents on time.

    Could someone please advise on this? What is the best approach with this matter?

    Thank you for your reading this.

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