breach of lease

  • Filter
  • Time
  • Show
Clear All
new posts

    breach of lease

    As a landlord, can I give a tennant a breach of lease notice or do I have to go via a solicitor and/or a court ???

    Thanks in advance for any responses !!!

    If the intention of your notice is to seek to forfeit the lease you will need to at first obtain an order from the court or the LVT that there has been a breach. Then after 14 days of the order you can then issue a section 146 Notice.

    To obtain a declartion form the LVT that there has been a breach is actually quite a straight forward matter. It does not cost anything to make the application and there can be no order of costs unless you have acted friviously. You could probably do it yourself.


      Note that section 146 of Law of Property Act 1925 does not apply if breach is simply non-payment of rent in which case L can begin enforcement action without the Notice.
      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
      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).



        I personally had a situation like this but line of thought is this.

        1) If the breach is not servie charge or ground rent related, put it in the hands of your solicitor, hopefully when you are buying your nrxt property he will remember, however check the lease but most leases say that lesee has to pay


        Latest Activity


        • 'Reasonable' ground rent collection charge?
          by Benzo
          Hi guys

          We recently achieved RTM from our underperforming managing agents. We no longer pay our service charge to them. However our old managing agents still represent the freeholder, and so we still pay our ground rent to him via the old managing agents.

          Following RTM, they've...
          04-01-2020, 11:32 AM
        • Reply to 'Reasonable' ground rent collection charge?
          by Benzo
          That is interesting. I will put this to our legal guys and see what they say....
          01-06-2020, 14:59 PM
        • Flat Roof used as fire escape and right of way
          by RichardCardiff
          I am the Freeholder of a property and the property has an single story extension which has a flat roof. The lease holder of the flat above had the lease amended before I purchased it so that he has the right of use of the flat roof. I converted the ground floor of the property and added a basement....
          29-05-2020, 18:14 PM
        • Reply to Flat Roof used as fire escape and right of way
          by scot22
          I am always ready to reposition myself.
          it is not that they want to develop the roof in any way. Crossing it provides their only fire escape and, naturally want to preserve it.

          If OP sticks it out to court I suspect it will cost quite a few thousand.

          Imagine a fire and...
          01-06-2020, 14:39 PM
        • Reply to Flat Roof used as fire escape and right of way
          by Freeholder is king
          Scott22 and i differ in what the rights are. If the top flat has a deed of variation to use the flat roof and it is unlikely they will get planning permission IF they applied for it. I would say that the freeholder could put skylights in the roof as the top flat have never used the roof or am i missing...
          01-06-2020, 14:10 PM
        • Reply to 'Reasonable' ground rent collection charge?
          by Section20z
          Charging a percentage in your case would be unreasonable as some lessees would be paying more for exactly the same service
          You stated the lease clause as being "the fees of the Lessor’s Managing Agents for the collection of the rents of the Flats in the Building AND for the general management...
          01-06-2020, 14:02 PM
        • Face to face AGM arranged?
          by Sandy1986
          We have been contacted today by our management company to say they are holding a face to face AGM in our car park on Wednesday evening with social distancing. This would be around 15 people minimum. As the current regulations are no more than 6 people would this apply to an AGM in these circumstances...
          01-06-2020, 09:58 AM
        • Reply to Face to face AGM arranged?
          by scot22
          You are right. I just find things confusing !

          My big concern would be the lack of notice. I am reasonably sure that no AoA would allow this.
          01-06-2020, 13:34 PM
        • Reply to Face to face AGM arranged?
          by jpkeates
          The meeting would be allowed if it was for "work purposes", but it wouldn't be "work" for anyone other than the management committee.
          "Business" or "Commercial" aren't exceptions....
          01-06-2020, 13:07 PM
        • Reply to 'Reasonable' ground rent collection charge?
          by Benzo
          Thanks Lawcruncher, I suggested 10% plus VAT so I'm glad to see we're in a similar place on this.

          You're exactly right on the formal vs informal - the informal extensions by standard for this freeholder are extending the lease to 99 years (not by 99 years) and adding clauses about ground...
          01-06-2020, 13:06 PM