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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Im the freholder of a flat damaged by fire 3 yrs ago the

Resolved Question:

hi im the freholder of a flat damaged by fire 3 yrs ago the leaseholder subsequently died and no repairs have been made and despite searches no one has come forward to claim the property or make good the damage i would like to petition for forfeiture of the lease cann i ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
I assume the ground rent/service charge has not been paid?
Customer: replied 2 years ago.
No ground rent is collected as is peppercorn
Expert:  Ash replied 2 years ago.
Ok, so how are they in breach of their lease?
Customer: replied 2 years ago.
The terms of the lease stipulate in the event of fire flood or damage that repairs are to be by swiftly and if the leaseholder insurance does not cover the total cost that the leaseholder would make up the defict
Also the flat has to be maintained to a standard which it has fallen way below
Expert:  Ash replied 2 years ago.
Have you served any notices yet?
Customer: replied 2 years ago.
No proceedings so far i want to know how or what i can do
Expert:  Ash replied 2 years ago.
If they are in breach of the lease you can serve a notice to remedy. If they dont comply then you can apply to the court to forfeit
You would need to complete form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The Court would list the matter for hearing and decide whether to forfeit.
Can I clarify anything for you about this today please?
Alex
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