Sequence of events in enforcing covenants in lease?

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    Sequence of events in enforcing covenants in lease?

    Hi all -

    I posted here some months ago about recovering unpaid money from a long leaseholder of our block of 8 flats, which we were successful in doing largely due to the very helpful advice I received from people in this forum, for which I am very grateful. I am the secretary of our management company, which looks after 8 flats, the one mentioned above is the only non- shareholder and is the source of all our problems. I have no legal background (I'm an illustrator) but when problems come up, it's me that gets the inevitable ring on the doorbell! (directors are 2 elderly ladies and next to useless)

    I would be very grateful for any advice anyone can give regarding the same individual. His (downstairs) flat is in a poor state of repair and the back garden area is full of junk (old fridge, rusty radiator, household items etc), his grass uncut all year, his low front garden wall breaking down and back window frames quite rotten. This is all in breach of the terms of his lease which essentially require him to keep everything tidy and in good repair. Understandably, the owner of the upstairs flat (there are only 2 floors) wants this sorted and has asked what the management co. can do to help.

    I know in the first instance we can write a strong letter to the individual detailing the breaches, what has to be done to rectify them and by what date, but if (when) this doesn't happen, what can we do next? How do we get these things fixed and who else do we have to write to, to legally enforce the lease and make the person get the things done? We have the details of both his (sub-prime) mortgage lenders, one of which paid up pronto the last time we approached them for outstanding money.

    I realise the ultimate action is to apply to forfeit his lease, but there is a long road to get there. We are a very small non-profit management co and we would like to keep our costs low unless it becomes unavoidable to get professional help. I am happy to write letters to whoever myself, if I know the correct way of doing things!

    Any suggestions or advice would be very gratefully received.

    Many thanks -

    Deb.

    #2
    1. Write to his mortgagee (lender) warning of proceedings unless he rectifies.
    2. (If that fails) Serve Notices under:
    a. section 146 of Law of Property Act 1925; and
    b. Leasehold Property (Repairs) Act 1938.
    3. (If that fails) Apply to County Court for forfeiture.
    4. Lessee has a right of relief against forfeiture, for a limited time, so this may propel him into action- or else he'll lose his lease entirely.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thank you Jeffrey - that is exactly what I needed to know, and very helpful. Much appreciated!

      Kind regards

      Deb.

      Comment

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