Serving Section 22, Landlord and Tenant Act

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    Serving Section 22, Landlord and Tenant Act

    Hello,

    Is it possible to serve a preliminary notice, application for the appointment of a new manager, to the freeholder (also 1st floor leaseholder) of a 2 bedroom converted house? For breaches in lease and landlord covenants?

    #2
    You can use this preliminary notice if it suits your use..

    https://www.lease-advice.org/files/2...naryNotice.pdf

    Comment


      #3
      You are supposed to serve it to the lessees as well. If you want to be pedantic serve it to the freeholder (make sure you have the address right e.g. if he has a company at the different address), and then again to the person in his capacity as lessee if he is a lessee of himself. You should probably also serve the preliminary notice on any mortgage companies shown in land registry. You need to figure out what "the property" is - which is probably both flats but might not be - so be sure that your presumption is correct.

      Make sure you keep proofs of postage - post via a post office - don't just throw through the door, or hand deliver with a totally independent witness.

      There are some exclusions where you cannot serve notice under the Act (see S22)

      Comment


        #4
        Originally posted by AndrewDod View Post
        You are supposed to serve it to the lessees as well. If you want to be pedantic serve it to the freeholder (make sure you have the address right e.g. if he has a company at the different address), and then again to the person in his capacity as lessee if he is a lessee of himself. You should probably also serve the preliminary notice on any mortgage companies shown in land registry. You need to figure out what "the property" is - which is probably both flats but might not be - so be sure that your presumption is correct.

        Make sure you keep proofs of postage - post via a post office - don't just throw through the door, or hand deliver with a totally independent witness.

        There are some exclusions where you cannot serve notice under the Act (see S22)
        Hello AndrewDod thank you for the reply. Which exclusions are you referring to? I don't see them on http://www.legislation.gov.uk/ukpga/1987/31/section/22

        Comment


          #5
          Originally posted by objection_guy View Post
          Hello AndrewDod thank you for the reply. Which exclusions are you referring to? I don't see them on http://www.legislation.gov.uk/ukpga/1987/31/section/22
          Section 21

          Comment


            #6
            Originally posted by AndrewDod View Post
            Section 21
            Hi AndrewDod, thanks again, had a read of http://www.legislation.gov.uk/ukpga/1987/31/section/21

            This had me worried:

            (3)This Part does not apply to any such premises at a time when—
            (a)the interest of the landlord in the premises is held by an exempt landlord or a resident landlord, or
            As the landlord lives in one of the two flats, however...

            [F2(3A)But this Part is not prevented from applying to any premises because the interest of the landlord in the premises is held by a resident landlord if at least one-half of the flats contained in the premises are held on long leases which are not tenancies to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) applies.]
            but then...

            (4)An application for an order under section 24 may be made—
            (a)jointly by tenants of two or more flats if they are each entitled to make such an application by virtue of this section, and
            (b)in respect of two or more premises to which this Part applies;and, in relation to any such joint application as is mentioned in paragraph (a), references in this Part to a single tenant shall be construed accordingly.
            I've checked http://www.lease-advice.org/advice-g...ty-chamber-2/:


            An application must cover the whole, or part of, a building containing two or more flats. The application may be made by any one leaseholder or by a group of leaseholders acting together.

            However, the right to seek the appointment of a manager from the Tribunal is not available where the landlord is a local authority, a registered provider (formerly known as housing associations) a fully mutual housing association or a charitable housing trust. It is also not available where the landlord is resident on the premises and it is a converted (not purpose-built) property and less than half the flats are let on long leases.
            From this I've gathered...
            - It is a converted building, now 2 flats. I am one of the two leaseholders.

            It is a converted building, now 2 flats. The freeholder is one of the two leaseholders.

            Both (100%) of the flats are on long leases


            So... from this I gather I can serve the section 21 notice and then the 24?
            Last edited by objection_guy; 10-07-2017, 23:38 PM. Reason: digging deeper...

            Comment


              #7
              Yes, that's why you need to understand exactly the structure of your situation.
              It seems that you do understand, and I think you are OK to serve it (S22).

              Comment

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