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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I sold a flat several 10 years ago with a 99 yr lease. The

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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.

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.

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.

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

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

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Customer: replied 1 year ago.
I am just making sure you reeves my positive response

I did. Very many thanks.