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Someone illegally short-subletting the flat above for "lad's nights out"

(7 Posts)
Cardigan4eva Fri 20-May-16 01:17:01

We live in central London in an apartment block. The owner of the flat above us gave a mandate to a man who finds short lets for city bachelor parties. Once we cottoned on to what was happening, we told the owner that it was not in the contract to sublet the flat like this and therefore illegal. He told us he would try and sort it out and we gave him a deadline before we would notify the freeholder.

Months later they are still hosting
weekly bachelor parties starting on a Thursday night and leaving on Sunday. They are always drunk and loud (we have young DC,) they fight in the common parts and crash around upstairs, we have had water coming through the ceiling twice due to them leaving the bath running and passing out, found drug paraphernalia, vomit in the common parts and have been kept awake at all hours by shouting, swearing, doors banging, loud music etc.

We have called the police but they have said it is not their concern.

We contacted the flat owner and he has said that the subletter has now "gone rogue" with his access to the flat and is subletting it against their wishes and they cannot control him from afar (they are based in Switzerland) and have too many other properties to manage.

We contacted the freeholder who sent a warning letter to the owner in Switzerland, but got their letter returned telling them that the address did not exist.

What has to happen now? And what do the bachelor parties have to do for the police to take action?

IceMaiden73 Fri 20-May-16 06:32:48

Keep a log of all incidents and approach the council

Also, keep complaining to the freeholder

Collaborate Fri 20-May-16 09:12:39

The lease could possibly be forfeited. It is for the freeholder to follow the procedure that may be set out in the lease. It will be identical to yours. Take a look through yours and find out what your freeholder can do about it. then pester them until they take action.

ICantDecideOnAUsername Fri 20-May-16 09:42:24

Contact the planning enforcement officer at your local council. They might be able to help if it's an unlawful change of use.

ICantDecideOnAUsername Fri 20-May-16 09:43:48

Just curious but if you can contact the owner why can't the freeholder?

PirateSmile Fri 20-May-16 09:50:11

Are they using prostitutes? If so offences under the Sexual Offences Act are being committed by the owner/tenant and I believe the Police would take that very seriously.

pishposhpash Fri 20-May-16 23:29:08

Have you spoken to the local council to report the flat being used as business premises? Happened to my DS several years ago in Liverpool and council said there was very little they could do about the noise and inconvenience - but once I pointed out that they were running a business and presumably should be paying business rates their attitude changed and the weekend stag/hen do's which had become a regular occurrence disappeared.

Definitely keep hassling the freeholder - they have the power to apply for forfeiture of the lease assuming you have covenants for "quiet enjoyment". What do the rest of the residents of the block think? Can you not group together and lean on the freeholder to sort it out?

So sorry for you OP. Hope something can be sorted out soon.

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