A leaseholder breaching the terms of their lease what to do?

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    A leaseholder breaching the terms of their lease what to do?

    Hello everyone, need some advice. I bought the freehold to my building ( which also contain other two leasehold flats) last year. Recently by chance I discovered one of the other leaseholders have breached their terms of lease by 1. running a business from their flat. 2. did some alterations to the exterior wall of the building without prior consent from the previous freeholder. 3. placed down fake grass over a non-demised piece of land. Because she is also a neighbour, I spoke to her informally about the breaches, and now she has emailed back to ask for ' retrospective consent' for all her breaches without any conditions. I don't feel this is quite right?

    My family has suggested making some demands rather than agreeing to waive her breaches without consequences. What would be a reasonable demand other than asking her to take down everything and stop running her business. i.e. to increase ground rent? or to pay a premium for all the breaches she has incurred, and how does one calculate what is a reasonable premium? Obviously I don't want to demand things unreasonably, but at the same time I don't feel I should just waive her breaches without compensation. Help!

    #2
    What's the nature of the business. For many, low impact, businesses (e.g. a drop shipping E-bay merchant) the chances of enforcement are negligible. Would the council consider the planning violation. If not, there is probably no point in thinking about it.

    In a flat, material alterations of the wall will require planning consent. Insist on that being obtained.

    The third one sounds like a trespass, not a lease issue.

    Comment


      #3
      Presumably you've accepted ground rent/ SC while in knowledge of these breaches? Nothing you can do then. Frankly, they seem pretty minor to me.

      Comment


        #4
        You seem to be trying a bit of money-grabbing in my opinion. You can attempt to obtain 'compensation' all you like, but I doubt very much you'll get it.

        Comment


          #5
          Running a business from home can encompass a wide range. At one end of the scale it may mean working behind a keyboard with no visitors and aside from some paper correspondence arriving at the property there is no impact at all. At the other end of the scale having visitors turning up at the property and employees working in the flat. What is the impact in this particular case. If it is the former then I do not see a breach - otherwise thinking about work or taking phone calls while at home could fall within the category

          With regard to the works to the external wall technically is probably a breach and you may need to know more about the reasons for the works before commenting further

          with regard to the fake grass was it done to reduce ongoing maintenance?

          you live at the property and in making requests to deal with these breaches do consider how this will impact on ongoing mainteance and management matters. The danger is that relations could easily polarise and a great deal of time and stress could be expended on matters going forward when the matters complained about may be quite minor in the overall scheme of things.

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