Brady Solicitors helped a property management company tackle two leaseholders who were persistently breaching the terms of their respective leases by keeping dogs in their flats.
The dogs were causing damage to the properties and being a nuisance to other leaseholders and the subcontractors carrying out works on the block. Leaseholders were also reporting that the dogs were being left alone for lengthy periods of time.
Bradys’ specialist team attempted early resolution with the leaseholders, writing to ask them to remove the dogs. When the leaseholders failed to respond to repeated requests, our next step was to issue an application to the First-tier Tribunal (FTT – formerly known as the LVT) for a determination that the leases had been breached.
On the eve of the hearing at the FTT one of the two leaseholders admitted keeping a dog and agreed settlement terms with the management company.
With one leaseholder still disputing the position the hearing however went ahead the next day.The leaseholder had prepared no evidence in his defence and, faced with the reality of the tribunal situation, admitted keeping a dog in his flat in breach of his lease.
The tribunal found in favour of the management company and awarded all legal costs, recognising that the defendant could have made his admission far earlier in the process – and that ‘additional costs have been incurred unnecessarily as a result of the request for a hearing’.
Breach of lease? Brady Solicitors can help
If you think a leaseholder may be in breach of the terms of their lease, drop us an email or call 0115 985 3450 and we can help you to resolve it.
