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In an effort to get prostitutes off the street into the more secure surrounds of a flat or dwelling, it appears the Government have not thought through the impact this will have on clean living flat owners or residents who have, until now, enjoyed the protection of their leases to drive immoral tenants from their building.
Currently, a prostitute working alone from ‘home’ is immune to prosecution as long as she does not solicit business. How strictly this is policed is open to debate but premises with more than a single prostitute offering sex are defined as brothels and therefore illegal. The Government now plans to decriminalise small or ‘mini’ brothels by allowing three persons to work together, thereby allowing streams of hitherto street corner dwellers to work in any building they can afford.
As a property manager of over 190 blocks of flats in the Royal Borough of Kensington & Chelsea, I have come across many examples of prostitution being carried out in buildings we manage. These are not solely the domain of run down, low class estates, but in smart, prestigious addresses in some of the most sought after locations in the city. While I am sure the demand for sex is not limited to the poorer areas, the reaction from indignant neighbours who have to suffer the activities of a busy prostitute, is all the stronger when their expensive property investment is undermined by the Luscious Latvian, New in Town in the flat above.
Recently, we had to remind the owner of a flat in South Kensington that the terms of his Lease really did not allow for the constant knocks and screams (presumably of passion) that were emanating from his rented flat. The long suffering neighbours had put up with the noise and a reasonably constant stream of unknown visitors to the building before they concluded a prostitute was plying her trade in their block. At one point, a gentleman caller had inadvertently rung the wrong bell on the door intercom and enquired of an elderly female resident whether she was open for business. Indeed, when one of the directors of the building lodged a complaint, she was subjected to a torrent of abuse and harassment that only ended with the prostitute’s departure.
Most leases will have covenants that include the provision for quiet enjoyment of the lessee’s dwelling and/or the clause that no noise should be heard between 11.00pm and 8.00am. Added to this are often ‘user clauses’ that do not permit premises to be used for any trade, business or profession or indeed for any immoral purpose, or in any manner which may be a nuisance or annoyance to the owners/occupiers of other flats. However, as any Property Manager will tell you, enforcing the covenants of a lease are not always easy to achieve. Often it takes more than a carefully worded letter to the guilty party to halt nefarious activities and it can be months down the line before sufficient legal pressure is placed on the lessee and action is taken.
The issue of unpleasant disturbance apart, the increased risk this scheme will bring of unwanted or unknown visitors to the building is possibly the most concerning. Security in a block of flats is a high priority for most flat owners and as property managers, we are having constantly to remind residents not to admit people into a building who are not known to them. Not only will these strangers have breached the first line of security, they will potentially treat the building or its residents with scant respect. The thought of a brothel’s clients passing tenants’ children on the stairs makes my blood run cold. With prostitution comes the association of drug use and the irrational and aggressive behaviour that induces. What’s to say the brothel’s business will not spill out into the common parts of a block?
Needless to say, the aura of NIMBYism pervades, although the Government claims to be aware of the potential negative effects on blocks of flats. However, is the Government pursuing the right avenue in this instance? They have talked in the past about legalised ‘red light’ zones and surely this is a better alternative. While I don’t think ‘Sin Cities’ should be developed, surely there are enough vacant or run down buildings in any city which, at a relatively low cost, could be adapted to house brothels?
Of course, prostitution should be taken off the streets, but not to the detriment of innocent flat owners.
James Rawes is director, Farrar and Company; Tel +44(0)20 7341 0220
Email management@farrarandco.co.uk