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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Do I need a solicitor to take out an injunction or can I do

Resolved Question:

Do I need a solicitor to take out an injunction or can I do it myself?I am a Landlord and my long Lease holder has breached many of the terms of the lease, two of which I would like to take action against, 1) alterations made without consent and 2) subletting without paying the required fee or written notification within one month of the assignment.I would like to take out an injunction which would order the Lease holder to correct the alterations and pay the fee but unfortunately this is going to cost a lot of money and there is no provision in the lease that says the Lease holder would have to cover costs.Obviously I know any action would incur a cost but I would like to know if I could sort out the injunction myself which would hopefully be cheaper than instructing a solicitor and how would I do that.If I was successful is there any way that the Lease holder would then have to pay my costs (obviously not through the lease).The Lease holder is also selling his property.Regards
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Have you said you would seek a court order to your tenant?

Customer: replied 1 year ago.
Hi Ash, thanks for reply!Not in so many words.In an email I said "it may result in court action if various issues are not resolved"Is this significant?
Expert:  Ash replied 1 year ago.

You should ideally put the person on notice you will get an injunction.

But yes you can do this yourself.

You need to complete form n208

https://formfinder.hmctsformfinder.justice.gov.uk/n208-eng.pdf

And n16a

https://formfinder.hmctsformfinder.justice.gov.uk/n16a-eng.pdf

The court will set the matter down for a hearing.

Can I clairfy anything for you about this today please?

Customer: replied 1 year ago.
Thanks for your help
'put the person on notice you will get an injunction'
Does this mean I need to email the Leaseholder giving 28 days to remedy the breaches or I will seek a court injunction?What about costs, if successful will the leaseholder have to pay all my costs?
Expert:  Ash replied 1 year ago.

Yes that is correct. But if you lose, you pay their costs.

Does that assist?

Customer: replied 1 year ago.
How likely is it that I would win the case, are there any circumstances where the court would see in the leaseholders favour
Expert:  Ash replied 1 year ago.

Litigation is always a risk, it's never guaranteed. If you had a 60% chance of winning, that also means 4 out of 10 people in your situation would lose.

Does that clairfy?

Customer: replied 1 year ago.
Hmm, I guess it's a chance I need to take!One final question if I may then I can rate the question.The leaseholder is selling. I assume that any future buyers solicitor will contact the Freeholder (me) to ask questions about any breaches/ground rent/charges etc.Would it be acceptable at that time to let the buyers solicitor know that I intend to take out an injunction and also mention forfeiture (although I probably won't go down that route).Would this put off any potential buyer and in a way force the leaseholder to correct the breaches in order to sell thus not having to go down an expensive legal route?!Is this a credible option?
Expert:  Ash replied 1 year ago.

I can't say whether it would put off a buyer, but you would have to declare it.

It is credible. Does that clairfy?

Customer: replied 1 year ago.
thanks for all your help and advice
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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