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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll