Hi Ho off to the FTT we go!

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  • DNM2012
    replied
    Absolutely. I will give them nothing. In the meantime I will enjoy the peace and quiet of not having anyone above me for a while

    I think they realise they cannot continue, and hopefully will sell up!

    Leave a comment:


  • mattl
    replied
    Well, make sure you get paid everything before confirming this in writing, including an indemnifier that they cover any future costs for existing proceedings.

    Leave a comment:


  • DNM2012
    replied
    Latest is I have received written confirmation from the Leaseholder that they have remedied the breaches.

    This is true as the other flat is now empty. The LH is asking me to confirm this in writing.

    I will see what my solicitor advises before doing anything, but it looks like I have got the result I wanted.

    Leave a comment:


  • leaseholdanswers
    replied
    Injunctions are rarely a good idea as its a rare instance that you get a chunck let alone all your costs back. That is a real problem for freeholders and residents companies.

    Leave a comment:


  • DNM2012
    replied
    Originally posted by siva View Post
    If the other party knows what they are doing then the case will get thrown out.
    Luckily they don't

    But it's useful to consider every possibility.

    TBH the dice are rolled, I'll keep you updated on the outcome, its likely to be several months before anything further happens though.

    Leave a comment:


  • siva
    replied
    Originally posted by DNM2012 View Post
    Subletting is allowed under the lease, subletting part of the property is not (although I have read a restriction on subletting part could also apply to the whole, an argument for another day).
    It depends on the exact wording of the covenant. If the covenant distinguishes between part and the whole then subletting part does not apply to the whole. If there is no distinction then 'part' also applies to the the whole.

    It is certainly capable of remedy once the current tenants leave, the property can be let as a whole on an AST no problem.
    No, breach of the subletting covenant is not capable of remedy. You can't afford to be casual about the s146 notice. If the other party knows what they are doing then the case will get thrown out. See here. There are similarities with your situation.

    Leave a comment:


  • DNM2012
    replied
    Subletting is allowed under the lease, subletting part of the property is not (although I have read a restriction on subletting part could also apply to the whole, an argument for another day).
    It is certainly capable of remedy once the current tenants leave, the property can be let as a whole on an AST no problem.

    Leave a comment:


  • siva
    replied
    Having now read your initial post I see that your solicitor claimed there was a breach of single family use. This would be an ongoing breach unless it has been remedied. The breach of subletting is once and for all. The breach of nuisance is once and for all unless it is still happening. It would appear from the article referred to above that it is only the subletting breach from the list you have given that cannot be remedied.

    Leave a comment:


  • DNM2012
    replied
    The view of my solicitor, counsel and the FTT is that it is an ongoing breach that is capable of remedy.

    Leave a comment:


  • siva
    replied
    I was trying to warn the OP that it's important that the section 146 is technically correct in terms of detailing breaches and specifying remedies if applicable.

    I read this publication some time ago which suggests the British Courts don't take a practical approach to these matters and may dismiss a case if a remedy is specified when in fact it is not capable of being remedied.

    According to that article (bottom of page 6 and page 7) there is precedent (English Court of Appeal decision of Scala House and District Property Co Ltd v Forbes) whereby assignment/subletting is deemed a 'once and for all' breach incapable of remedy.

    Leave a comment:


  • leaseholdanswers
    replied
    Yes it can be remedied it as a once and for all can be subject to waiver- is that what you mean?

    Leave a comment:


  • siva
    replied
    I haven't read through the thread so am not sure this will help but something I picked up whilst researching these matters a while back is that subletting when not allowed is a 'once and for all' breach at the time of the sublet and not something that can be remedied. Whether the other party or the Judge you get actually knows that is another matter.

    Leave a comment:


  • DNM2012
    replied
    Yes, we have discussed that.
    As the residents seem to be transient and come and go for short periods, it is unlikely they have AST's.
    But we won't know for sure as the LH will almost certainly not respond.

    Leave a comment:


  • leaseholdanswers
    replied
    Are they AST's or lodgers, as the former will take a bit longer and may have security of tenure, which if so, it means that court application has to be sooner as the court has to order possession on the individual rooms, as the LH cannot comply with the s146, and non compliance is inevitable. Has your lawyer looked at that?

    Leave a comment:


  • DNM2012
    replied
    My solicitors advice is to issue the s146 notice, giving a 'reasonable amount of time' to remedy the breaches.
    As the breaches involve subletting and multiple occupancy and are capable of being remedied, 3 months seems realistic.

    The LH has already had 30 months to remedy this and the FTT was clear in their determination the situation had been going on far to long and I had given the LH ample notice and opportunity before legal action.

    Leave a comment:

Latest Activity

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  • Section 20
    by Anna1985
    So the lease allows for the property to be kept in good condition.
    Thus, the shared hall could be spruced up no problem, but there is an issue with driveway - partially it belongs to the freeholder, partially to the ground floor leaseholder - it is made out of the old paving stones, it looks...
    22-05-2022, 21:03 PM
  • Reply to Section 20
    by scot22
    There is a fine line between repair and improvement. If it is replacing like for like it could be considered economical, in the long run, repair.
    Enforcing obligations could be costly. Is it feasible for those who do care to voluntarily pay to have it replaced.
    23-05-2022, 06:56 AM
  • Reply to collective enfranchisement
    by sgclacy
    I think I have found the answer:-

    Hague - Leasehold Enfranchisement (seventh edition) at 24-01

    It is considered that to be a participating tenant, the lessee must be registered at the HM Land Registry as proprietor of the lease at the relevant date

    The note...
    22-05-2022, 21:37 PM
  • collective enfranchisement
    by flyingfreehold
    Does a leaseholder have to be a registered proprietor to join a collective? Or is it sufficient for her/his/it to be a transferee whose interest is not yet registered?
    21-05-2022, 18:51 PM
  • Reply to Old managing agents accounts
    by jazzythumper
    Thanks, how would I do that, what evidence would I need to provide?...
    22-05-2022, 20:10 PM
  • Old managing agents accounts
    by jazzythumper
    Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
    20-05-2022, 11:21 AM
  • Reply to Building works & S20 process
    by scot22
    What if something goes wrong ? You need a surveyor to safeguard your interests. There are some untrustworthy roofers, and other trades.
    It is better to follow standard procedures. From experience I would not follow informal routes. O.K when everyone reasonable and cooperative but things can...
    22-05-2022, 19:39 PM
  • Building works & S20 process
    by RichA
    Hi. I have a freehold after selling a leasehold flat in a block of 4 flats. We don't currently have a managing agent, so these duties currently fall to me (I am holding off appointing a managing agent whilst the leaseholders consider whether they want to RTM).

    The block needs some maintenance...
    21-05-2022, 17:20 PM
  • Reply to Building works & S20 process
    by RichA
    If the work is 'contracted' by the leaseholders rather than the freeholder does that remove the requirement for a S20?

    eg if the 4x leaseholders wish to accept a quote and get the works done (including making payment) does this avoid S20 consultation?
    22-05-2022, 18:51 PM
  • Reply to collective enfranchisement
    by sgclacy
    I think the new lessee is unable to join because of the registration gap

    https://www.birketts.co.uk/insights/...gistration-gap

    the lessees predecessor who is holding the property on trust of course for the new lessee until the registration is complete...
    22-05-2022, 06:15 AM
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