Judge allows tenant to breach lease leaving disabled pensioner in hell

by Readers Question

15:08 PM, 3rd October 2018
About 2 months ago

Judge allows tenant to breach lease leaving disabled pensioner in hell

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Judge allows tenant to breach lease leaving disabled pensioner in hell

I believe that after buying the freehold of a house converted into 2 flats and due to my disabilities a group of people including my tenant who lives abroad, her solicitor, a management company, and another solicitor who worked for both sides have conspired to get their hands on my property.

I am not the usual landlord. I bought the house as my boys had grown up and moved in with their own families so I needed a small flat to spend the time I have left in peace. I became the landlord as I owned the freehold of the house and the lease was tied to the house by the first landlord who wanted some control if he let part of his home.

The house was just across the road from where I brought up my boys and I liked my neighbours who have given me a lot of help.

3 weeks ago I had to go to court as my tenant and her solicitor were asking for an injunction. The Judge who treated me as though I was a nuisance there was no help given due to the fact that I live with 7 incurable diseases and recently had an operation to remove a cancer. It was almost impossible for me to attend as the case was in the London court and when the case started I was having difficulty staying awake.

I felt that the judge had decided that I was a rouge landlord and my tenant who was not in court was suffering due to myself wanting her to stick to the lease. The judge said I was not the landlord, she did not have to abide by the lease and that I was not to contact her or her sub tenants and that I would have to allow her manager to put tenants into my house without consulting me over anything I just have to put up with everything.

If a district judge can take away everything that would allow me to live in peace and cope with the diseases including Parkinsons and a muscle weakening disease. I found out recently that the solicitor who handles my purchase of the freehold, also help my tenant too, but the lease of her flat and never mentioned anything to me when I asked him to handle the extension of her lease. He never told me that he had her lease details since 2002 and he still refuses to give me a copy of her lease. for all I know she may not have had a lease as I trusted him to work in my interests.

If a district judge can do this to me what next?

John



Comments

Neil Patterson

15:11 PM, 3rd October 2018
About 2 months ago

Dear John

I am very sorry to hear of your situation. May I ask as I am not quite clear why the leaseholder went to court and what the injunction for. Many thanks.

Ian Narbeth

15:51 PM, 3rd October 2018
About 2 months ago

John
You need to speak to an independent solicitor. If the tenant's solicitor acted for you he should not be acting for the tenant now if there is a conflict of interest. I am afraid you will have to incur some fees but it may cost you more if you do not.

Eps

12:43 PM, 4th October 2018
About 2 months ago

John, I'm also very sorry to hear this. You do need independent legal advice and from a solicitor who specialises in Leaseholds.

Freda Blogs

12:44 PM, 4th October 2018
About 2 months ago

I agree with Ian. Fyi, you could also:
a) obtain a copy of her lease at modest cost from the Land Registry
b) think about reporting the solicitor to the Solicitors' Regulation Authority if a conflict of interest has occurred. Here's a link to the Code of Conduct:
https://www.sra.org.uk/solicitors/handbook/code/content.page

Michael Barnes

13:16 PM, 4th October 2018
About 2 months ago

You need to act quickly, as I believe that there is a 4-week window on making an appeal.

John Morris

22:17 PM, 4th October 2018
About 2 months ago

Reply to the comment left by Neil Patterson at 03/10/2018 - 15:11
I am afraid that i did not use he best solicitors as i have only used one before.A year ago i had a letter from my tenants solicitor giving me 6 days to get to a court hearing which i couldn't do as i didn't have time to get legal help and get transport the ain of the injunction then was so that i could not follow the lease and get a surveyor to arrange repairs to her flat that was destroyed by previous tenants. They wanted the judge to say that i have no power to be the landlord and that they have the right to repair themselves.As i said before i am a landlord by virtue of being the freeholder and owner of the deeds and land certificate. They convinced the judge that they were independant. This recent court case was my trying to get the injunction stopped.I have a muscle weakening disease and was feeling very poorly in court and i had an operation to remove a cancer the week before.The judge was hostile toward me not what the mnister of justice says in his seech on the equality act.I believe that they have made a big mistake as the tenant signed a contract with me to allow her to extend her lease also the lease that she has is tied to the house and has been the same since 1971 it outs me as the leesor and her as the lessee and it gives my the rights of a landlord. I have had Parkinson's for 12 years and i think that they took advantage of me to try to get my house.

John Morris

10:37 AM, 6th October 2018
About 2 months ago

Reply to the comment left by Eps at 04/10/2018 - 12:43
Thank you very much for your concern I agree i need specialist help and i thought that it what i had with the firm that i chose to support me in court but they did not have important information given to the barrister who sat quietly through the session so i am worried about finding another one that i can afford. I think that by getting this action against me that she breached the contract that she signed with whitnesses before i agreed to extend her lease. Also the lease that she should adhere to is tied to the house. In 1971 the freeholder who had it converted wrote the first lease with covenants that would give him some control if he had a situation like mine. if she does not want to abide by that then she breaches the lease. I would love to sort this out quickly as it is affecting my abilityto cope with the diseases that i have as depression reduces the level of fight in me.

John Morris

10:44 AM, 6th October 2018
About 2 months ago

Reply to the comment left by Michael Barnes at 04/10/2018 - 13:16
Hello Michael i did not know that i only had 4 weeks to appeal as i collapsed before the end of the triel and had to be helped out by my carer so did not hear the end of the part where she dealt with charges i will have to try to find out more. Thank you for caring

John Morris

11:02 AM, 6th October 2018
About 2 months ago

Reply to the comment left by Neil Patterson at 03/10/2018 - 15:11
Hi Neil than you for your concern i feel foolish that i allowed this tenant her manage and solicitor to trisk me twice but i have never lived in a flat all my life this was my first.The trick they played to get the fist injunction happened when previous tenant were evicted by the sheiffs and put a notice on their door saying no entry. That night at 9.00.p.m i hear 2 men in the flat going through the place i thought it was buglars and called the pollice who suggested the i change the lock on the front door to prevent squatters from getting in. I did that and as the tenant lived abroad i emailed her manager to say i had a key for her, Her solicitor asked the court to allow her to send my court papers which she did giving me 6 days to get legal help and get transport. ai should have has 14 days & if the did what the minister of justice says should happen with disabled customer it to move the case nearer. I emailed the court to say i wanted to make a defence and asked for more time but the case went ahead & they told the judge that i changed the lock to stop the tenant using her property. I had not imagined ending my days locked in my flat whilst people can do what they like outside. Thank you for helping


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