header-logo header-logo

16 September 2020 / Amy Proferes
Issue: 7902 / Categories: Features , Property , Landlord&tenant
printer mail-detail

A long lease breach? Be specific!

27508
What happens when neighbours claim your tenants run a brothel? Amy Proferes looks at a recent case
  • Marchitelli v 15 Westgate Terrace looks at leaseholder’s responsibility for tenant’s illegal activities.
  • Where brothel-running is alleged, the leaseholder (lessee) should take prompt action.
  • The landlord’s notice should be specific.


A landlord wishing to forfeit a long lease of residential premises faces a daunting procedural labyrinth. The usual statutory notice under s 146 of the Law of Property Act 1925 must be served, specifying the breach complained of but, pursuant to s 168 of the Commonhold and Leasehold Reform Act 2002, this may only be done if either the lessee has admitted the breach or 14 days have elapsed since a court or tribunal has finally determined that the breach occurred. The recent decision in Marchitelli v 15 Westgate Terrace Ltd [2020] UKUT 192 (LC) shows that, even if an application for determination is successful, the landlord may still not be in a position to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll