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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3994
Experience:  Solicitor
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I have received a letter on a breach of lease from a

Customer Question

I have received a letter on a breach of lease from a solicitor about my 12 year old extension was built without their permission. What are my options?
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

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

Is it true you never asked them?

Customer: replied 10 months ago.
Sorry I can't do live chat, but yes I didn't seek permission
Expert:  Jamie-Law replied 10 months ago.

When did they know about this do you know? Was it when it was built?

Customer: replied 10 months ago.
Since the extension was built back in 2004/5 I have never been contacted by the landlord on this subject only ever annual ground rent. I think the lease ownership changed hands to Korax LLP a couple of years ago. The Solicitor's letter yesterday is the only contact I have ever had on the subject.
Customer: replied 10 months ago.
I can send you the lease and letter if you like
Expert:  Jamie-Law replied 10 months ago.

So the landlord never knew about it? Why didn't you ask permission please?

Customer: replied 10 months ago.
Probably never really thought about it at the time. Wife just had twins, money was a problem, lots of things going on
Expert:  Jamie-Law replied 10 months ago.

What are they asking you to do, if anything?

Customer: replied 10 months ago.
Can I email you the letter?
Expert:  Jamie-Law replied 10 months ago.

Can you attach it here?

Customer: replied 10 months ago.
See attached
Expert:  Jamie-Law replied 10 months ago.

So it looks as if at this stage they only want to know if you have built over a drain? Are there any repairs which need doing? If so, you need to do those as well.

But it looks like you dont need to do anything save for any repairs and say you havent built over any drains.
Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
When the extention was built it was built over a drain. Obviously all the work was approved by the planners at the time and there is no repair work which I am aware of. everything is fine! They are asking me to repond by Monday 19th. What should I put in the letter?
I am a bit confused because the breach part of the letter clearly state the building of a two storey extention. Are they not talking about 'repair' being the taking down of the extention??
Expert:  Jamie-Law replied 10 months ago.

They have not said about taking it down. They have only said repair - you can confirm that it is over a drain but it is approved over the planners.

They may just be concerned about the drain issue. If they want you to take it down, you can refuse and they would have to get a Court order.

On the basis it complies with Regulations and has been there for 12 years, so fairly obvious, I do not think a Court would make you do that.

You just confirm in writing what you have said to me - it may be worth getting a Solicitor to draft a response.

You need to act quick so it goes to them Monday

Does that clarify?