Document Actions
What is the legal definition of a "family" in relation to a restriction in a Lease? I rent my flat to four sharers operating as a single household under one AST but have been told I cannot do this.
I own a shared freehold flat and have let it to a group of four sharers who are operating as a single household on one AST. I have received a letter threatening legal action by the Chairman of the Residents Association if I do not evict my tenants because lease states "Not to use the demised premises nor permit the same to be used for any purpose whatsoever other than as a private dwelling-house in the occupation of one family only and not at any time to permit the demised premises to become overcrowded within the meaning of the Housing Act 1957...". I understood this clause to concern overcrowding and not refer to a family in the parent/children sense. If they are right, is such a clause legal in view of modern Human Rights? The dictionary defines the word family, amongst other definitions, as "a group of people operating as a single household and/or a group of people with something in common such as origin, language etc". My tenants are actually Chinese and I am concerned that this could be a racist issue.
A One Family restriction can be upheld by the Court, who would interpret the word family to include gay couples etc so as not to have any discriminatory implications. If your tenants are unrelated but are sharing a house in a way similar to the way students do for example, you are in breach of that covenant. If your property is let on an assured shorthold tenancy you can end it when that agreement so provides ensuring that you tell the management company so that there is no misunderstanding. We can act for you in preparing S 21 Notices and in any possession proceedings (not including a Court attendance - which is unlikely to be necessary) for a fixed fee of £500 + VAT and disbursements.
We hope this information answers your question and that you found our free service fast, comprehensive and useful. We answer questions on any legal matter so please tell anyone else who you think might benefit from our free assistance.
It would also be a good idea to bookmark http://www.lawanswers.co.uk in case you need free advice on any other legal question.
Please come back to us if you have any other legal matter we can assist with in future.
Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.
