Q&As

A long leaseholder of a property in an ‘over 55s community’ has sublet to a person who is not over 55 and who is causing nuisance. What remedies do the other leaseholders have to resolve this?

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Published on LexisPSL on 10/09/2020

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A long leaseholder of a property in an ‘over 55s community’ has sublet to a person who is not over 55 and who is causing nuisance. What remedies do the other leaseholders have to resolve this?
  • Breach of covenant
  • Other potential remedies

A long leaseholder of a property in an ‘over 55s community’ has sublet to a person who is not over 55 and who is causing nuisance. What remedies do the other leaseholders have to resolve this?

Breach of covenant

Consideration will need to be given to which covenant(s) in the lease have been breached by the tenant subletting to a person who is not over 55 and is causing a nuisance. The likely clauses will be the:

  1. user covenant

  2. alienation covenant

  3. tenant’s covenant not to cause nuisance—this covenant is based on the tort of private nuisance—interference with the use/enjoyment of land causing injury (some private nuisance may also give rise to a statutory nuisance) in respect of which to determine accountability for an alleged nuisance, the court will look at the nature of the defendant’s interference (intentional, negligent or reckless for instance), the extent of the interference (it must be substantial), and the reasonableness of the defendant’s conduct

Assuming that there has been a breach of one or more of these covenants, the landlord will have the usual remedies—for more information, see Practice Note: Quick guide to landlord’s remedies for breach of lease.

By way of example of these types of covenants, see retirement living agreement Precedent: Lease of a flat in a retirement housing scheme with a garage or car parking space—without public funding—landlord providing services and

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