Any one with knowledge of propertylaw here?

  jack 11:08 03 Jun 2009
Locked

I am doing a little research of behalf of a daughter.
To put the question succinctly with out a lot of detail.
Can the owner of a freehold property which has part leased off- reclaim/eject- what ever term applies- the leaseholder if they fail to maintain their part- which inconveniences other residents/ or cause permanent damage to the main structure?

  lotvic 11:45 03 Jun 2009

Lots came up when I did a google search of

breach of lease by tenant

there may be something there that will be helpful

  jack 11:55 03 Jun 2009

Am looking there too -but personal expeience and that so will keep this going for a bit.

  realist 19:20 03 Jun 2009

You will need to look first at the precise terms of the lease and the lessee's covenants.

If there is a covenant by the tenant to maintain, not cause nuisance, etc then these covenants would ultimately be enforceable in court though it would not necessarily result in the tenant forfeiting the lease.

  spuds 19:32 03 Jun 2009

If you have, or know anyone that as household insurance legal cover, then I would suggest that you try there. Failing that a free consultation period with the local law centre or solicitor.

Property law can be very complicated, and even if things go to court, they can still be a very long way to go in resolving problems.

I have just had an almighty argument with our local council, when they decided to divert a watercourse onto my property. Not at all for the faint hearted :O((

  Forum Editor 22:29 03 Jun 2009

to offer any more than the most general advice on such matters, and that's probably not going to be too helpful. There is professional advice available free of charge however, and I suggest that you give it a try.

Contact The Leasehold Advisory Service click here which is a government-funded public body set up specifically to advise on Leasehold matters.

You can phone and speak to an adviser on 020 7374 5380 between 9:30a.m. and 5:00p.m. Monday to Friday.

  GANDALF <|:-)> 22:39 03 Jun 2009

I have had and continue to have plenty of experience of property law, so on the face of what you wrote, it is a cut and dried case for your daughter...at least if I had issued the lease, it would be.

FORGET any 'advice' that you read on this forum. Property law is a total minefield and you could get financially rogered in extremis at Tom Longs' post. Take the lease to a GOOD property solicitor and pony up £250-£300 for her/him to give you advice that will save you a world of pain. Every property case is different and can only be assuaged or agreed following the previous issue of a tight lease.

If your leae is one of the 'off the shelf' ones from WHSmith, you'd better have incredibly deep pockets to stop the coach and horses that the defendants' solicitor will be merrily driving through it as the rest of the passangers gleefully moon at you in passing. Consider this a gratis warning.

G

  Forum Editor 23:37 03 Jun 2009

whether your daughter is the freeholder or the leaseholder, and on that basis there can be no question of anything being 'cut and dried'.

In general terms it's extremely rare for a freeholder to evict a leaseholder, and it cannot be done under any circumstances without (first)a formal written notice and then a court order,no matter what anyone might try to tell you to the contrary. Even when a freeholder has concrete evidence that a term of the lease has been broken the leaseholder can still apply to the court to have an eviction stopped.

Speak to The Leasehold Advisory Service before you fork out a penny on a solicitor. They are experts on the subject, we are not.

  jack 08:07 04 Jun 2009

'You haven't actually mentioned
whether your daughter is the freeholder or the leaseholder, and on that basis there can be no question of anything being 'cut and dried'.'

In deed I did not for the very reasons you all mentioned- It can be a mine field.
This is why I am looking for actual cases rather than 'model' example so that I may have a clearer picture of what may or may not be achievable before embarking on the legal nightmare.

OK then more detail.

My daughter owns a basement/garden flat in a 3 story Edwardian terrace -with the upper part leased off to some one else.- This is the case when she purchased the property which includes the FREEHOLD.
So she is in the bassemewnt/Garden flat- The upper part is occupied by tenants of the leaseholder.
The leaseholder has changed several times in the ten years she has been there and the property 'Managed' by various gents for the absentee leaseholder.
There is a leak from the bathroom on the ground floor which then comes through the living area ceiling below in the basement,in each case daughter reports the incident and the various agents have sent a 'Man with the Mastic gun' to fix it- only they havenot cured the leak.
Plainly there is some more wrong than Mastic can fix',indeed in the latest episode a new downpour occured twice within days of a visit by'Mastic Man'.
The insurance co- obviously will not undertake remedial action until the problem is proven resolved.
On their advice a letter has been sent to the leaseholder via the Managing agent and given them 10 days to sort it once and for all.
I also suggested Daughter contact environmental health dept.
So now I am trying to envision likely future moves.
Any personal experiences to relate will be welcome.

  BT 08:20 04 Jun 2009

When she contacts the Environmental Health Dept suggest that she requests that they investigate it as a Statutory Nuisance. I have found in the past that they are reluctant to interfere with private landlord disputes but on advice to me from a friend who was an Env/Health officer with a different authority, they are obliged to investigate Statutory Nuisance claims. I'm afraid I can't quote chapter and verse now as it was a while ago but there are laws that apply.

Maybe some information hereclick here
and lots more if you Google it.

  dms_05 10:03 04 Jun 2009

It seems normal practice in England & Wales (you aren't in Scotland are you?) for the Freehold to be included with the lowest floor in a multi-owner dwelling. It has to be assigned somewhere as it can't be split between the owners of all flats. It doesn't mean much as all the properties are leasehold and the freehold is simply held safely by those who are nominated. I'm the Freeholder in a similar case but my Deeds are Leasehold.

Take expert advice. It can be a minefield. For example how is the routine upkeep of the property funded and how is that audited to the satisfaction of HMRC?

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