Breach of lease - next steps

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    Breach of lease - next steps

    Hello all

    As some of you may recall i posted a few weeks ago re a loft conversion in a leasehold property without any relevant consents.
    The conversion appears to be under way so i would like to know what my next steps as landlord should be (the lease is absolutely clear on this matter and he needs our consent)
    There are other breaches as well, such as trading his used car business from the flat and non repair of rotten window frames.

    My concern is what we need to do next to inform him that he is in breach without shooting ourselves in the foot.
    My fellow directors (2) are favouring a letter outlining the breaches and his requirement to desist with immediate effect and organise repairs.

    I'm aware of the requirement not to acknowledge his lease is in force, service charge monies etc but is there anything specific the letter needs to include apart from company headed and company number

    Many thanks in advance

    Andy

    #2
    What they need to do to remedy the breaches, and a time limit to do so.

    I don't think they are going to back down until you do go to the tribunal, so, if you have already informed them of the breaches, less formally, it is possibly time to do this as a letter before action.

    Comment


      #3
      Thankyou

      I found this thread - would i be right in thinking this is still relevant (except LVT is now FTT)

      https://forums.landlordzone.co.uk/fo...reach-of-lease

      Andy

      Comment


        #4
        Another development

        it would appear that the loft space may not be demised to him, the lease states:

        TOGETHER with the roofing and airspace thereover and the garden, garage or parking areas.

        The loft is not mentioned at all

        Thoughts anyone?

        A

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          #5
          If they have the roof, I think they have the loft space. It doesn't make sense, otherwise.

          Comment


            #6
            Indeed, that makes sense. My understanding was unless specifically mentioned in the lease it wasn't included
            However i have just been advised that he has verbally admitted the breach to the Co. Secretary saying the building works is him strengthening the existing loft floor.
            I will await his response to the LBA as it is my belief he will further incriminate himself in writing.

            I guess we still nedd FTT for the other breaches though and a resolution on timescale before Sec 146 proceedings
            I am aware of the 14 days from decision of FTT to sec 146 proceedings

            Comment

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