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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
back-to-top-scroll