Breach of Lease

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  • Breach of Lease

    Having a problem with a breach of lease by a tenant on a long lease and it is not a minor issue. A solicitor who acts for me on another property has suggested that we make the mortgage company aware of the situation. Unfortunately I am unable to find any contact at the said mortgage company who is in the slightest bit interested about finding out who we need to speak to, any advice greatly appreciated.

  • #2
    Have you looked at the title register at HMLR?
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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    • #3
      Yes I have and know who granted the mortgage and they are also listed in the charges register with their head office address. If I write there what department would I address the letter to?

      I have tried by phone getting information as to who deals with this situation but not found anyone able to help so far.

      Comment


      • #4
        The best appraoch must be to set out the breach, the terms of the lease, and what you expect the person to do, in a letter, headed Without Prejudice, offering a time scale for remedy, mediation or arbitration within x days, otherwise, you will proceed to the LVT to determine the breach and thereafter to the county court for forfeiture of the lease, all at his cost.

        You copy that to the mortgagee, giving the property address and title number and explaining who you are, making them aware of your intended action.

        Now, where are those tissues....
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


        • #5
          Originally posted by bandontherun
          The letter will pack more punch if sent on a solicitors letterhead. They love writing letters that say

          UNLESS the alleged breach is remedied WITHIN A PERIOD OF XXX, THEN WITHOUT FURTHER NOTICE TO YOU, BLAH BLAH BLAH
          You missed out the C word.................. Costs
          Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

          Comment


          • #6
            I'd be careful before incurring any costs. A leaseholder will be able to dispute these costs. A lot depends on whether you can prove there has been a breach of lease and what the lease actually says in regard to costs.
            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


            • #7
              Thanks for your advice, solicitors letter going next week and I have also replied individually to the people kind enought to offer advice.

              Comment

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