Freehold limit on number occupants at risk due to pregnant tenant

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Al2016
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I am the landlord for a flat which has a share of the freehold, there are two other flats in the freehold. A few years back we had the freehold rewritten to bring it up to date and one of the clauses we had added was that the number of occupants in any of the flats should not be more than double the number bedrooms.

I am currently renting my flat to a couple with an 18 month old child and I have just been told she is pregnant with twins. The flat is a 2 bed flat with an office room (it has no windows so I believe it can not be considered a bedroom), when she gives birth there will be 5 people living in the 2 bed flat which technically breaks the rules of the freehold.

Are then any age restrictions when considering 'occupants'? If the other freeholders agree are there any legal issues with 5 people living in the two bed flat?

I do not want the tenants to leave but I would like to know where I stand legally.

Thank you in advance,

Al
07/07/2013 22:09

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