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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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I along with two others own the freehold of our block of four

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I along with two others own the freehold of our block of four maisonettes the person in the 4th flat did not want to buy a share of freehold and is still a leaseholder,we have requested the ground rent and a proportion of the building insurance but he refuses to pay what can we do to obtain same

Thanks for your patience.

You need to check the lease in the first instance to be sure that the lease contains sufficient clauses imposing the obligation to pay a proportionate part of the ground rent/service charge on him.

You then need to check the lease for a forfeiture clause which will state the circumstances in which you may seek to forfeit the lease in the event of a breach of covenant by the tenant.

You should go to a local solicitor and get them to write to the tenant explaining that he is effectively in breach of the covenants in the lease. They will state that they will either issue a claim for the monies, interest and expenses for the sums owed and also apply to forfeit his lease for breach of covenant. Forfeiting is where the lease is terminated, so he would no longer have an asset if forfeited.

The reality is that for minor breaches residential leasehold properties are never usually forefeited but it should scare him in to action in addition to the prospect of having a CCJ against him which would wreck his credit rating.

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Kind regards,


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