Legal Q&A: how can we make our neighbour obey the terms of his lease?

We live in a block of flats where we share the freehold. How can we take action against a rogue neighbour? 
Fiona McNulty13 January 2018

Question: I live in a small block of eight flats where we share the freehold. A year ago a flat was sold and a new owner, with no mortgage, moved in. He hasn’t put down carpets, he’s acquired a rent-paying lodger and they have been burning stuff in the communal garden — all forbidden in his lease. It’s all very well saying we should “enforce” the lease but what does that actually mean? Can we take his lease off him and throw him out? Or do we just pay for a lot of legal letters that will be ignored?

Answer: A company was probably set up to own the freehold, with each of you having a share in that company. Check who is entitled to make decisions on behalf of the company and who’s entitled to be directors.

The freeholder will be the landlord and generally the landlord has the power to enforce covenants in a lease — ie, the power to compel a leaseholder to observe or abide by the covenants, regulations and so on included in the terms of the lease.

Most leases entitle a leaseholder to make the landlord take action for breach of covenant, provided that leaseholder indemnifies the landlord for the associated costs.

The terms of the lease are likely to allow forfeiture of the lease for breach of covenant, meaning that the flat reverts to the freeholder.

If the leaseholder will not admit the breach, the landlord must apply to the First–tier Tribunal (Property Chamber) or a court for a determination of the breach. Only after that can the landlord apply to the court for an order for forfeiture of the lease.

If court action is needed it would be prudent to seek advice from a legal expert.

If the leaseholder doesn’t understand his obligations, then, as the landlord, try to explain and help him in the hope of avoiding costly litigation.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE. We regret that questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.

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