Issues with the building management - Lease issues - UK

[William76]

I live in a block of flats in London, I actually own my flat, and also have ownership of my freehold.

I rent out my spare room only, and 90% of the time i am in the flat at the same time.

The building management have recently changed the door code on the door to the building (insisting everyone use a fob), using security as a reason, but this has upset a number of residents, but also makes getting guests into my flat more complicated. I also had a key box on the bannister outside my flat (small balcony area shared by 2 flats, and have no issues with my neighbour).

They have been talking alot recently about the lease prohibiting me renting through Air B&B; "I have been asked to bring to your attention that short lets are not permitted as in accordance to the terms of the lease. This will include also ABNB"

Does anyone have any insight or heloing suggestions. I Believe that A. as i own my flat, B. As i own the freehold, C. as i only rent out a room that this cant be inforced against me.

Alll thoguhts appreciated.

[Victoria57]

@William76 I doubt that anyone here is a lawyer or well-versed in UK freehold law so I think you should seek proper advice. My own opinion (and that is all it is) is in line with yours, but there must be some sort of agreement between the freeholders, any leaseholders  and the management company as to the role and remit of that company, so the first thing would be to get hold of that and see what it says.

[William76]

Thank you! Hugely appreciated. Wx

[Tracy0]

The tricky thing with outside management (unless you can get all freeholders to make them agree) is that they have to enforce the terms of a lease upon leaseholders (regardless if they are also freeholders).

I am a leaseholder with a resident freeholder and he's fine with me doing AirBNB.  But we are soon to enfranchise the freehold.  He's not going to be a happy bunny.  So I may have to stop temporarily, or do some kind of court action, even with full knowledge that my co-freeholders are fine with an informal agreement to do AirBNB.

It does come down to what your lease says, and as a leaseholder you have to abide by it.  Unless of course you can get all the freeholders (or whatever majority is required by your company articles) to let you continue so the management agency feels no conflict. Or you manage the property yourselves, which will be our route.

Not a lawyer, but I've been thinking about this issue too 🙂

[Helen56]

Perhaps remove the key box from your bannister - it rather advertises to the world that you are renting and won't be there when guests arrive. 

[Gerry-And-Rashid0]

As stated by the others, it's all to do with what it says in your lease. If that does not mention short term lets, then the freeholder (or his agent the  management company) cannot enforce something that is not there. Read your lease carefully and get assistance from Citizens Advice Bureau or a lawyer if it is not clear. The freeholder has a right to change how people access the building and if that means using a fob rather than a code then you have to find a way to manage that. Note that a freeholder could prevent you from putting a keybox outside the main entrance containing a fob for the building plus your key as it could be viewed as a security risk for the entire building.