Question: I am Chairperson of the Management of a block of flats. Could you please tell me whether the Residents’ Management Company has the right to a copy of the tenancy agreement on a rented flat in our block? And should we know the name of the people living in the rented flat for fire reasons?
Answer: Some leases provide that a license or landlord’s consent is required before a flat can be sub-let. If so, the landlord can incorporate reasonable terms for giving such license or consent and it is generally accepted as reasonable to require a copy of the tenancy agreement and the name/contact details of the occupier. However, most flat leases do not have such a clause and have no control over these matters. Many wish they did! As a matter of general advice, co-operative management is always the best management. Management by enforcement of so called rights can be deeply painful at times – to everyone. Most flat occupiers recognise that there are likely to be times in the future when they will need the help of other people. Whether or not their landlord is willing to share names and contact details, the occupiers are often willing to do so if given the perception that this is driven by a wish for neighbourly co-operation and not by a nosy parker attitude. Even their landlord is more likely to respond favorably if he believes that shared information means that you will let him know, on a co-operative basis, if something starts going on in the flat, or with its occupation, which might be important to him. The old sayings are still the best ones: it’s easier to make enemies, it is best to make friends.