Head lessee breach of covenants?

by Readers Question

9:41 AM, 26th May 2020
About 4 months ago

Head lessee breach of covenants?

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Head lessee breach of covenants?

Can I ask what the remedies are when the Head Lessee in a block of flats breach the lease covenants?

The head lessee is also in charge of managing the block (RTM is not possible due to the 25% rule in a mixed use block, i.e. commercial on the ground floor and residential above).

I cannot give my name due to intimidation from the head lessee and their Managing agent.

Many thanks

Editor’s Notes:

Leasehold Advisory Service >> Click here

“If your landlord breaches the terms of the lease you can take legal action against them to court. This is becuase the lease is a contract between two parties (the leaseholder and the landlord) and any actions for breach can be enforced via the courts.

If  a leaseholder is successful on a claim for breach of the lease they can be awarded damages, a court order to force the landlord to comply with their obligations in the lease, or  to carry out any particular tasks or obligations. The successful party can also try to claim the costs that they have incurred from bringing the claim.

If the breach relates to unsatisfactory management or unreasonable service charges you could apply to the First-tier Tribunal (Property Chamber) for a manager to be appointed.”



Comments

Neil Patterson

9:44 AM, 26th May 2020
About 4 months ago

It would help readers to potentially answer if you can describe the breach of the lease.

However, in the notes above I have added details of the Leasehold Advisory Service which is often the best place to start.

J & S

16:35 PM, 26th May 2020
About 4 months ago

Reply to the comment left by Neil Patterson at 26/05/2020 - 09:44
the head lessee has obtained HMO licences on 2 of their 3 flats in a block of 8 flats. The lease permits single residential occupancy only.
RTM requires 2/3 qualification (5 of the lesses are unhappy)and the 25% commercial not to exceed residential portion. Neither of these requirements can be me. we are totally trapped.

J & S

12:57 PM, 28th May 2020
About 4 months ago

Does anyone know of a good solicitor experienced in Landlord and tenants issues ? RTM and compulsory FH purchase?
I have a flat in a mixed use block of 8 flats. Freeholders of the block consist of 3 commercial and an independent residential block (residential block is leased to a LTD company, same ownership as the freeholders) are in breach of the lease covenants on several issues are managing the residential block with intimidation and fear and total impunity?
Please help.

Puzzler

8:56 AM, 30th May 2020
About 4 months ago

Could you describe the layout in more detail please? When you say an independent block do you mean it occupies a different parcel of land? Are the commercial units above one another or beside?

J & S

12:56 PM, 1st June 2020
About 4 months ago

Reply to the comment left by Puzzler at 30/05/2020 - 08:56
The residential block is above the commercial units. This block is fully self contained and does not share anything with the commercial units.
For the RTM 25% rule, the lease defines the residential block as: the roof and lift motor room and the foundations and lift well and the areas shown on the ground floor of the building.
So, can include the roof for the RTM calculations?

Puzzler

16:45 PM, 2nd June 2020
About 4 months ago

I believe the communal parts are excluded so it depends on the layout. How many storeys is the building and how many are commercial? all you have said is that it 8 flats - is it two floors of 4 flats? or 4 floors of two flats? Is the commercial area one or two storey? or something else? if the commercial part is one storey, you would need at least three floors above that to be residential. How many residents are interested?

You could bring a case to the FTT. If the lease is clear you might be able to do this yourself.

BernieW

13:54 PM, 9th June 2020
About 3 months ago

Reply to the comment left by J & S at 26/05/2020 - 16:35RTM is not the route you need. I would suggest First-tier Tribunal appointed Manager. BernieWales

BernieW

13:55 PM, 9th June 2020
About 3 months ago

Reply to the comment left by J & S at 28/05/2020 - 12:57Again, I suggest you go down the route of First-tier Tribunal appointed Manager. BernieWales


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