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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 1683
Experience:  Freelance Solicitor at Self Employed
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Without Prejudice I have recently taken over as the

Customer Question

Without PrejudiceDear Sir or Madam,Good morning,I have recently taken over as the Secretary of a Management Company that owns the Freehold of a development that comprises 8 leasehold properties. One of our Leaseholders is in breach of the Lease - he is 'not to use the House for any trade business of manufacture nor for any purpose other than as a private residence in single occupation only'. He has sublet rooms to 'lodgers' for years. There are currently 3 lodgers in his house together with himself and his son. Each 'lodger' has a written 'contract' that states that he is 'the Landlord', when effectively the Management Company is the Landlord. The House is part-owned with his ex-wife, who lives elsewhere. There is also a mortgage on the property.
The Management Company has no Legal Expenses Insurance (which may be why no action has been taken against this Leaseholder in the past). I am currently in the process of arranging this. Meanwhile, the Company Directors and myself are keen to take action against this individual. Can you recommend a way forward that will not involve the law-abiding shareholders/Leaseholders here having to pay huge litigation costs?Yours faithfully,Peter C Butcher
Submitted: 21 days ago.
Category: Property Law
Expert:  Virtual-mod replied 21 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 21 days ago.
I’ll wait for an answer by e-mail.
Expert:  Vineet S replied 20 days ago.

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Expert:  Vineet S replied 20 days ago.

Hi there,

Thank you for your patience.

If the leaseholder is breaching the terms of the Lease , then you can terminate the lease by forfeiture. Forfeiture is effectively the granting back to the landlord of the right to re enter and take back possession of the property.

To start the process, you would have to serve a notice under the section 146 of the Law of Property Act 1925 to this tenant to terminate a lease early due to a breach by the tenant of the terms of the lease.

A section 146 notice of the Law and Property Act 1925 is served by a Landlord who wishes to commence Forfeiture proceedings against a leaseholder following a breach of a lease. This notice must

  • specify the breach complained of,
  • importantly if the breach is capable of remedy, require the leaseholder to remedy the breach, and
  • in any case require the leaseholder to make compensation in money for the breach.

The leaseholder is afforded a reasonable time to remedy the breach if it is capable of remedy following service of the section 146 notice.

Court proceedings cannot be commenced unless the leaseholder fails within a reasonable time to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money for the breach, to the satisfaction of the landlord.

Customer: replied 20 days ago.
Dear Vineet,Thank you for your reply. I have no further questions and will now cancel my trial period with Just Answer.Yours sincerely,Peter C butcher
Expert:  Vineet S replied 20 days ago.

Hi Peter,

It has been my pleasure to assist you. Many thanks and all the best.

Kind regards.