LandlordZONE

30

Jul, 2014

Wednesday

Results 1 to 5 of 5
  1. #1

    Default Troubled Landlone.... HELP

    I am the Landlord,

    I am the Landlord of both the shop and flat. The flat is under long leasehold and the lessor has constantly threatened me such has questioning my right as the landlord. It has been extremely difficult for me to even get her to understand she is the lessor and I am the Landlord.

    She has breached the lease over the past 6 years and it had gotten to a point where I would threaten and she would fight for ages and ages but after we make solid threats she would listen to us.

    But one problem after another I got fed up and took her to the LVT hearing as she failed to provide me a copy of the Insurance Policy Schedule with my name as an interest party. She blocked it out and failed to take any note of my letters. After this I went to the LVT and was told that she had breached the lease.

    She provided me a copy recently after so many months but it fails to meet the requirements. Am I still entitled to pursue forfeiture of lease.

    On separate note is she entitled to lease extension even if she has breached the lease?

    Can I get a court order to stop her from asking to extend the lease and pay my legal cost?

    Can I file new breachs together with my LVT approved breach as she has now breached repair section of the lease?

    I need urgent help as my 14 day notice from LVT expires.

    Thank you.

  2. #2
    Join Date
    Nov 2008
    Posts
    2,158

    Default

    I assume that the lease takes the rather rare step of obliging the leaseholder to insure and to note your interest on the insurance ?

    Did you then start the S146 process and to ask the LVT to decide if a breach had taken place ?

    Why did they say it had ?. It occurs to me that unless the lease says so, she would have to note your interest on insurance but it wouldnt be a breach not to show you, why didnt she simply show the insurnace at an LVt ?. Does it note your interest or not ?. This in my opinion would be a rather minor point and it wouldnt cost her any more to add you.

    As for lease extension, well, if the lease is breached then at some point it is considered not to exist anymore so I doubt it could be extended.

    As for the court order, I doubt it, but you could just say no (legally) and perhaps chase costs.

    I suspect you could make another application for further breaches but once one is proved that is enough to further follow the forfeiture procedure.

    What does the LVT 14 day notice relate to ?

    Andy

  3. #3
    Join Date
    Jul 2012
    Posts
    233

    Default

    Quote Originally Posted by Wimbledon88 View Post
    I am the Landlord,

    I am the Landlord of both the shop and flat. The flat is under long leasehold and the lessor has constantly threatened me such has questioning my right as the landlord. It has been extremely difficult for me to even get her to understand she is the lessor and I am the Landlord.

    She has breached the lease over the past 6 years and it had gotten to a point where I would threaten and she would fight for ages and ages but after we make solid threats she would listen to us.

    But one problem after another I got fed up and took her to the LVT hearing as she failed to provide me a copy of the Insurance Policy Schedule with my name as an interest party. She blocked it out and failed to take any note of my letters. After this I went to the LVT and was told that she had breached the lease.

    She provided me a copy recently after so many months but it fails to meet the requirements. Am I still entitled to pursue forfeiture of lease.

    On separate note is she entitled to lease extension even if she has breached the lease?

    Can I get a court order to stop her from asking to extend the lease and pay my legal cost?

    Can I file new breachs together with my LVT approved breach as she has now breached repair section of the lease?

    I need urgent help as my 14 day notice from LVT expires.

    Thank you.
    If you have a determination, enforce it. Speak to a solicitor about the service of a Section 146 notice.

    I am unable to accept any liability to you in relation to the advice you may choose to use.

    My experience lies heavily with the county court process and my advice tends to be influenced by this.

    This advice should not, in any way, be substituted for that of a thorough consultation with a solicitor or other legal professional.

    Oh, and please use correct spelling and grammar. It isn't difficult.

  4. #4
    Join Date
    Jun 2010
    Location
    Foundation trench for New Shed@ Ham on Rye
    Posts
    14,483

    Default

    I agree with dant, run with what you have. that said you aren't going to get forfeiture unless she is monumentally stupid and refuses to do what the court will inevitably tell her to do - insure as required or else.

    As to the other breaches you are going to have to send a letter before action so have the same solicitor do that.

    The claim to a lease extension is a statutory right but would likely waive your right to enforce the breach by section 146, at least, if you acted on her request.

    Once a section 146 is served then the claim will end up before the court to decide along with the breach.

    what I do see here is to say firstly dont conflate the issues with mutual non cooperation,. but secondly a lease extension and cooperation is also at basis for a solution- insure and repair and I do a deal on the extension.

    Realistically the process is not about getting her out and possession as it will go to the ends of the earth to fix the issues. An LVT may determine a breach has occurred, but frankly the Court has the tough decision of deciding who and if they go.
    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. More ramblings atleaseholdpropertymanager.blogspot.com

  5. #5
    Join Date
    Nov 2008
    Posts
    2,158

    Default

    Although from reading the original thread it appears that there is insurance and that the only possible breach is that she didnt show it when required or that it didnt note the freeholders interest, both appear to me relatively minor and easily remedied and may depend what the lease says, it may say she has to insure but not she has to provide insurance details if asked.

    Andy

Similar Threads

  1. Troubled Tenant Please Help !!!
    By katrinahale in forum Residential Letting Questions
    Replies: 4
    Last Post: 31-08-2012, 19:39 PM
  2. LL refusing to give back deposit after troubled short stay at property
    By niubi in forum Residential Letting Questions
    Replies: 6
    Last Post: 07-04-2012, 20:37 PM
  3. troubled LHA tenants
    By confuse in forum Housing Benefit Questions (HB, LHA, DSS)
    Replies: 9
    Last Post: 20-04-2011, 13:39 PM
  4. troubled aerial/ landlord?
    By gennamorgan in forum Residential Letting Questions
    Replies: 2
    Last Post: 22-02-2010, 18:25 PM

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •