How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask propertylawyer Your Own Question
propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
94563951
Type Your Law Question Here...
propertylawyer is online now

I sold a flat several 10 years ago with a 99 yr lease. The

Customer Question

I sold a flat several 10 years ago with a 99 yr lease. The original owner sold it without my knowledge. The new owner has neglected it and we get constant leek causing damage to the ground floor on a regular basis. We ha also had vermin infestation. Although the owner makes the right noises promised work never materialises and payments for damage have little chance of being paid.
The lease states. Premises used for 1 family, now been split into 2 Flats. Maintained. Not done. Decorating etc 7 years, never been done. All terms of the lease not adhered to.
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Generally leases contain forfeiture rights.

Forfeiture allows the landlord to terminate the lease in specific circumstances, e.g non payment of Rent or breach of any obligations in the lease.

If the lease contains this right you could potentially rely on it.

A tenant can obtain relief from forfeiture, in certain circumstances, by remedying the breaches.

Customer: replied 1 year ago.
I am s
Little confused with the word tenant. The property was sold but I kept the freehold on a peppercorn rent. The person who he sold it to without my knowledge is unlikely to have signed that lease, if this is the case do we have to back to the original purchaser or does the new one have to take it over. This would also be a problem because I believe he is no
Longer in the country.
Expert:  propertylawyer replied 1 year ago.

Are you the landlord?

You granted a new lease to a tenant who then resold it, is that correct?

Have you checked title at the land registry to establish who the tenant is?

Customer: replied 1 year ago.
the freehold lease was new, who then resold the property.
Yes the land registry has been checked and we have the names of the new owners.
Expert:  propertylawyer replied 1 year ago.

There should be a clause allowing you access on notice to inspect and then serve notice on the tenant if it is in breach. The lease should say how long the tenant has got to repair before you can enter and do the work in default and claim the costs off the tenant. It the tenant refuses to pay you sue him. This only really works on disrepair and failure to decorate.

With regard to the conversation to two flats, did the tenant get planning permission? You could report to the council. You could also report to his lender as he may have breached the terms of his mortgage.

You could take steps to forfeit the lease on grounds of breach of repair and decorating obligations and creating two flats. There is a specific procedure to follow initiated by serving notice on the tenant. The tenant can, in certain circumstances claim relief from forfeiture. If the tenant has a mortgage the lender can obtain relief also.

Your success in following this process will depend on the circumstances and how long you have been aware of the tenant's breaches and your previous attempts to remedy.

Customer: replied 1 year ago.
Thank you, ***** ***** call you next week. Where are you based. Regards ***** *****head
Expert:  propertylawyer replied 1 year ago.

We can speak next week. I am based in uk.

We do not exchange numbers. We speak via a phone service operated by just answer.

Expert:  propertylawyer replied 1 year ago.

In the meanwhile please can you accept / positive rate my reply in order that I receive payment for helping you. I am happy to assist further.

Expert:  propertylawyer replied 1 year ago.

Do you have any further queries? I'm happy to assist further but please can you accept /positive rate my response otherwise the website will not pay me for assisting you. Many thanks.

propertylawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am just making sure you reeves my positive response
Expert:  propertylawyer replied 1 year ago.

I did. Very many thanks.