Getting to the truth to defend a breach of lease claim

Brady Solicitors’ service charge specialists helped to deliver an excellent result for a client at the small claims court, resolving a difficult breach of lease case.

The leaseholder had brought a claim against his landlord for alleged damage to the roof of his property, which he claimed had resulted in him having to pay to have the ‘roof fixed’ – at a cost of around £1,500.

The leaseholder argued that this represented a breach of lease as the landlord should have covered the cost of the repairs.

Our client disputed the truth of this and also provided evidence to show that the leaseholder had stated in previous correspondence that the cost of any works done would not be the responsibility of the landlord. The leaseholder claimed that this was not the case and provided an altered piece of correspondence.

The Judge agreed with our arguments and said that there was no breach of the lease and that the leaseholder was not a reliable witness, therefore the claim was dismissed – ensuring that the landlord doesn’t need to pick up the bill for the after-effects of the leaseholder’s works to the property that resulted in the damage.

Expert legal help with residential property disputes

For advice on bringing or defending a claim concerning a residential property matter, email Brady Solicitors’ specialist team or call them on 0115 985 3450.



Get in touch with our experts

With hundreds of years’ worth of combined experience, our experts have dealt with nearly every leasehold property matter you can imagine. If you’re currently in need of legal support or advice, please get in touch.

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