Forfeiting long residential leases
It is a common misapprehension that there is little practical difference between long leasehold and freehold interests in land.
The recent case of Ashley Gardens Freeholds Limited v Landor (2017) has proved how wrong that is: an elderly widow who ran a bed and breakfast business from her £2.8 million flat in breach of her lease was given six months to leave her home of 40 years.
The company that owned the freehold of the mansion block where the woman lived sought forfeiture of her 125-year lease on the basis of a covenant contained within it that required that her flat must be used solely as a private residence and not for any purpose that might cause nuisance, annoyance or disturbance to other leaseholders.
Despite her denials, a judge found that she had been renting out rooms in her flat on a short-term basis in order to supplement her meagre income. What she was doing could only be viewed as a business and other residents had complained of the noise nuisance arising from her constant stream of guests.
Attempts to persuade her to curtail her activities had failed and her neighbours had endured unreasonable levels of noise and disruption over very many years. The covenant having been breached, the judge gave her six months in which to arrange a sale of her flat. Failing that, her lease would be forfeited.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Infrastructure that connect the physical and digital domains.
Harnessing robotics and AI in challenging environments
The key to nuclear decommissioning and fusion engineering.
BSRIA announces Lisa Ashworth as new CEO
Tasked with furthering BSRIA’s impressive growth ambitions.
Public buildings get half a million energy efficiency boost
£557 million to switch to cleaner heating and save on energy.
CIOB launches pre-election manifesto
Outlining potential future policies for the next government.
Grenfell Tower Inquiry announcement
Phase 2 hearings come to a close and the final report due in September.
Progress from Parts L, F and O: A whitepaper, one year on.
A replicated study to understand the opinion of practitioners.
ECA announces new president 2024
Electrical engineer and business leader Stuart Smith.
A distinct type of countryside that should be celebrated.
Should Part O be extended to existing buildings?
EAC brands heatwave adaptation a missed opportunity.
Definition of Statutory in workplace and facilities management
Established by IWFM, BESA, CIBSE and BSRIA.
Tackling the transition from traditional heating systems
59% lack the necessary information and confidence to switch.
The general election and the construction industry
As PM, Rishi Sunak announces July 4 date for an election.
Eco apprenticeships continue help grow green workforce
A year after being recognised at the King's coronation.
Permitted development rights for agricultural buildings
The changes coming into effect as of May 21, 2024.