A breach of a lease may be obvious to both parties. The most common way in which a tenant would be in breach of their leasehold agreement is non-payment of rent, ground rent or service charge. However, leases often contain extensive restrictions on what can be done in the property and which structural changes are allowed. Landlords may also breach conditions if a repair covenant is in place.
It is important to understand the difference between freehold and leasehold property. Ownership of a leasehold property is for a fixed period. You will have an agreement with the landlord or freeholder which will detail how many years this involves.
Most flats are leasehold, and many houses are too. If you pay an annual ground rent, your property is subject to a lease.
Block and Estate Management such as that provided by https://www.completepropertygroup.co.uk/property-block-and-estate-management/ is often used by the freeholder and is the first point of contact.
Further information on this arrangement and potential disputes can be found at the government website.
It is important to understand any restrictions which are imposed by the lease, as any breach of these conditions can affect your right to remain in the property.
It is vital that landlords and freeholders act swiftly if a breach of the agreement has occurred, and here is where a reliable Block and Estate Management company can help. They will regularly inspect the building and be able to respond to any complaints from neighbours about the behaviour of occupiers.
They can also deal directly with any issues and hopefully remedy any breaches before there is any need to begin costly legal action. Although legal remedies can ultimately result in the landlord regaining possession of the property, this is the ultimate sanction, and there are restrictions on the landlord’s ability to pursue forfeiture.
By employing an experienced property management company, most breaches of the lease can be dealt with before this stage is reached.
By assessing the seriousness of the breach, the management company can decide whether it is something which can be remedied by dialogue rather than legal action. This may be the case if there have been complaints about noise levels or anti-social behaviour. Even when non-payment is an issue, a discussion between the occupier and the management team may be appropriate.