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Neighbour from Hell

Cannabis Factory on Ground Floor of Flat

A client got in touch after their neighbour converted their ground floor flat into a cannabis factory.

The client was understandably concerned, as the criminals would have continued to utilise the property for illegal means, which was attracting undesirables to the Walthamstow property, affecting the local residents and owners of other properties.

Consequently, we were instructed to investigate and assist in establishing whether or not the lease had been breached in order to forfeit the residents.

Solution

We instructed a building surveyor to compile an Inter Alia a Dilapidation report, which then led us to make an application to the Residential Property Tribunal.

Our team were able to compile sufficient evidence to prove that the activities of the ground floor lease holders breached the terms of their lease.

We then instructed a surveyor to identify the disrepair matters and to provide a report in reflection of the lease covenants. This was followed by compiling statements from neighbours and the police to confirm the incident had happened. After compiling sufficient evidence, our specialist legal team formed an application with supporting legal authorities to the residential property tribunal for a determination.

A hearing then took place and we won the argument.

We received a determination for breach of covenant and served a s.146 forfeiture notice on the leaseholder.

Top tip: Almost every lease will include terms whereby a landlord can re-enter and a S.146 clause to forfeit the lease. There are numerous grounds that the leaseholders lease can be forfeited, including non-payment of ground rent, non payment of service charges, non-maintenance of property or causing a nuisance, as just a few examples.

Conclusion

We removed a nuisance and criminal from the property.

The landlord and the local residence were relieved that we were able to remove such criminals, even though the criminals owned the property.

As a result, the landlord was able to grant a lease to a new resident who will adhere to law and order.

Do you suspect that your leaseholder has breached their lease?

If yes, get in touch with us to discuss your options.

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