A residential long lease can be quite a long and confusing document. So much so that many leaseholders confess to not having actually read their own lease in full.
Even if you have read your lease fully, can you remember everything you can and can’t do? Did you full understand it?
A lease is usually prepared bearing in mind the landlord, the management company (if there is one), the leaseholder and, quite importantly, the leaseholder’s neighbours. The lease is therefore likely to put restrictions on what a leaseholder can and can’t do. The purpose of these restrictions may be to protect the landlord’s building or to protect the rights of the other people living in the block.
It is important to know what restrictions the lease may place on you and how you use your property. For example, some leases may restrict: -
- the time that musical instruments can be played;
- what can be placed on a balcony;
- what pets, if any, can be kept in the property;
- what works can be carried out (see here for our blog on alterations for more information)
- who can live in the property;
- whether the property can be let (see here for our blog on AirBNB as an example)
Leases are not always the same, even within a block, so the restrictions listed above are by no means an exhaustive list. To know what you can and can’t do in your property, you need to read your lease.
If a leaseholder does something that their lease restricts them from doing, they may be in breach of the lease. If that is the case, the landlord may be able to take action against them. That action could include seeking an injunction or, in some cases, forfeiting the lease completely.
In certain circumstances, provided the lease allows for that, it can be possible for a leaseholder to ask their landlord to take action against another leaseholder if they breach their respective lease.
Are you unsure whether you can or can’t do something under your lease or are worried that you could be in breach of your lease? Perhaps you would like to know whether you can ask your landlord to take action against a neighbour if they are in breach of their lease? Or maybe you’re a landlord concerned that a leaseholder is in breach of their lease? If so, Brethertons offer a fixed fee lease review service.
If I can help you understand your lease and whether you are at risk of being in breach, I would be more than happy to do so. Please contact me on:-
Tel: 01295 661458
Mobile: 07805 823764
Email: danigreen@brethertons.co.uk
Dani Green is a Senior Associate at Brethertons within the Residential Leasehold Team. Dani has worked within the leasehold property sector since 2011 and qualified as a Solicitor in 2016.