Your lease is a legal contract between you as a leaseholder and the landlord. If you breach the terms of your lease, you risk the landlord taking legal action against you.
If the court decides that you breached the lease, it could order you to pay damages, legal costs and ask you to put right any breach if it is possible to do so.
The landlord may also try to evict you, which is called forfeiture (seeking possession).
If your landlord takes action against you for breach of the lease, you should get legal advice or a solicitor as soon as possible.
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At the first instance check the lease as it should set out how the terms can be enforced. Usually it is the landlord who has the power to make sure that the lease terms are complied with by leaseholders.
If the lease has such provision, the leaseholder will need to ask the landlord to enforce the terms of the lease against another leaseholder. It is often the case that if the lease term states that the leaseholder can ask the landlord to take action, it will require the leaseholder who makes such request to cover the costs of the landlord for doing so.
Secondly, the lease may allow a leaseholder to take direct action against another leaseholder for breach of the lease. In this case there is no need to ask the landlord to take action for breach of the lease terms as the leaseholder can do so himself. However, this right is available only if the lease has such term.
It is always best to try and solve the matter amicably first and resolve the matter through mediation and leave litigation action as a matter of last resort.
Download a template for a nuisance letter – asking the landlord to take action
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If your landlord breaches the terms of the lease, you can take legal action against them in court. Your lease is a legal contract between you and the landlord, and you can enforce breaches in the courts.
However, going to court can be expensive, stressful and time-consuming. You may get damages, force your landlord to comply with their obligations, and recover the costs of bringing the claim if you win, but there is no guarantee of that. This is why legal action is usually a last resort.
Contact your landlord first
First, contact your landlord in writing setting out your concerns and stating what can be done to put things right. Give a reasonable time for them to respond and take action. Follow up your first message if necessary and keep a record of all your communications, as it may be useful in court.
If this does not help, you could try mediation – asking an impartial third party to help you come to a satisfactory agreement. If that fails then you should consider legal action, but, you should get specialist advice first.
Applying to court
You can apply to the First-tier Tribunal (Property Chamber) – or the Leasehold Valuation Tribunal if the property is in Wales – for breaches relating to unsatisfactory management or unreasonable service charges. The Tribunal can appoint a new manager and limit charges.
To get your landlord to make repairs, you would need to submit your claim to a county court.
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The first thing to do is to check your lease to see whether it has any terms in relation to nuisance. Usually the lease will have a provision with regards to causing nuisance to other occupiers in the building but you would need to check that this is the case.
The lease should set out how these terms can be enforced. It is normally the landlord who has the power to enforce the terms of the lease. This means that a leaseholder will generally need to instruct the landlord to enforce the covenants against another leaseholder and where required by the lease indemnify the landlord against the costs involved.
Social housing landlords are obliged to have in place and publish procedures to be able to deal with antisocial behaviours. Examples of the types of behaviours concerned include noise and harassment.
In some leases certain covenants may be mutually enforceable. This means that a leaseholder could take legal action directly against another leaseholder for breach of covenant.
In the first instance it may be advisable to try to resolve the matter amicably perhaps through mediation.
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If you own your car parking space under the terms of the lease, anyone else using it without your permission would likely be in breach of the terms of the lease.
As the lease is a contract between you and the landlord, it is usually the case that the landlord will have the power to enforce its terms and seek that whoever is in breach of the lease, comply with it.
Download a template for a nuisance letter – asking the landlord to take action
In some leases certain covenants may be mutually enforceable. This means that a leaseholder could take legal action directly against another leaseholder for breach of covenant.
The lease may allow the landlord or management company to make regulations to control the car park arrangements or engage a firm to regulate and enforce parking restrictions.
In the first instance it may be advisable to try to resolve the matter amicably perhaps through mediation.
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You should first check the terms of your lease to establish that it is the landlord who is responsible for taking out the building’s insurance.
If the landlord is indeed responsible for doing so and fails to comply with their obligations under the lease to insure the building, you can apply to the County Court for an order for Specific Performance which if granted can force your landlord to comply with their lease obligations.
You may also wish to consider taking over the management of your building through the Right to Manage or applying to the First-tier Tribunal (Property Chamber) for a manager to be appointed.
You may require the services of a solicitor.
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The lease is a binding contract and the new owner will be bound by the covenants.
The lease should set out how the covenants can be enforced. It is normally the landlord who has the power to enforce covenants within the lease. This means that a leaseholder will generally need to instruct the landlord to enforce the covenants against another leaseholder and where required by the lease indemnify the landlord against the costs involved.
Download a template for a nuisance letter – asking the landlord to take action
In some leases certain covenants may be mutually enforceable. This means that a leaseholder could take legal action directly against another leaseholder for breach of covenant.
In the first instance it may be advisable to try to resolve the matter amicably perhaps through mediation.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
You should refer to the terms of the lease in order to establish whether pets are allowed in the building. Consent may be required to keep pets at the property or there may be an absolute prohibition. In addition to covenants regarding pets there would generally be covenants regarding causing nuisance to other occupiers of the building.
The lease should set out how the covenants can be enforced. It is normally the landlord who has the power to enforce covenants within the lease. This means that a leaseholder will generally need to instruct the landlord to enforce the covenants against another leaseholder and where required by the lease indemnify the landlord against the costs involved.
Download a template for a nuisance letter – asking the landlord to take action
In some leases certain covenants may be mutually enforceable. This means that a leaseholder could take legal action directly against another leaseholder for breach of covenant.
In the first instance it may be advisable to try to resolve the matter amicably perhaps through mediation.
More information you might find useful:
Still not found the answer?
Contact LEASE to have your enquiry dealt with by one of our experienced advisers
