Breach of Convenants

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    Breach of Convenants

    Hi Need Help urgently
    The Local Council is my Landlord. They have served Notice on me under
    Section 146 Law of Property Act 1925 for breach of convenant. The breach refers to not complying with Building Act 1984 (Building control App) ie not getting a completion certificate before putting in tenants. The
    project is ongoing

    The outstanding work is sound insulation between the ground floor
    commercial unit and the first floor flat. There is no problem of noise asthe commercial unit generates no noise and the residents above have nevercomplained.

    The landlord solicitors letter states - Under the Leasehold Property (Repairs) Act 1983 I can serve a counter-notice on the Landlord claiming the benefit of that Act.

    Does anyone what this means and what are the benefits of that Act

    Thank you

    #2
    A Sec 146 notice means that you are at risk of forfeiture - i.e. losing the lease.

    From memory (and I don't think I've ever used it so my memory is dim), the 83 act gives you the opportunity to enable you to claim relief,so LL cannot forfeit the lease. I think this involves making a case to a judge, but not positive.

    I'm also not certain from memory what the provisos are - but they relate to how long you have left on the lease (long is good), and whether leaving the work will cause more significant damage to the building.

    Bear in mind that most leases also allow the landlord to go in and do the work at your expense, recoverable as a debt, and that even if you do claim relief they will catch you on dilapidation.

    My own view is best to do the work now, and control the costs.

    Comment


      #3
      Breach of Old Covenants

      I had a lease which expired in 2010. No breaches of covenant were identified when the lease expired. I was offered a new lease which I took and signedin 2010. Two years into the lease I am informed I am in breach of
      Bldg Regs and therefore breach my lease.

      These breaches were when I did some work to the building in 2007 under the old expired lease. I was not aware of any breaches at the time.
      The landlord has served a notice on me for breach of lease signed in 2010.

      The breaches were under the old lease and present when signed the new
      lease. Am I still responsible for these breaches?

      The new lease is between two of us and does that make my partner responsible for the breaches?
      Thank you

      Comment


        #4
        Notice on Landlord

        I rent a property from the Local Council. In the agreement I have
        permission sublet subject to planning permission. Recently I have been indisagreement with Bldg Control and the landlord is saying I am in Breach
        of my agreement and won't allow me to sublet.

        I am losing rent because the Council will not allow me to sublet stating
        that I am in breach of my lease as I have not satisfied Bldg Control.
        Bldg Control won't give me a reason for not issuing a completion
        certificate and won't tell me what they require.

        Can I serve a Notice on the llord (Council) for breach of lease agreement and what Notice can I serve?
        Your help will be much appreciated. The Council is using bullying tactics

        Regards

        Comment


          #5
          Three related threads have been merged.
          I also post as Mars_Mug when not moderating

          Comment


            #6
            Is your lease a residential long term lease?

            If so, then have you admitted a breach? If not then a court or tribunal has to first determine that there has been a breach before issue of a s146 notice by a LL. See here

            That may give you some leverage in order to establish what work the council still require. If you don't get anywhere then...

            What does it say in your lease about subletting? If the LL cannot unreasonably withhold permission to sublet then you can ask the court to determine that permission has been unreasonably denied.

            I would add that the LL cannot unreasonably withhold permission even if the lease doesn't state this. So if the lease just says permission must be obtained then it cannot be unreasonably withheld. I've just found this discussion of the law and case law which is very interesting.
            I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

            Comment

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