Breach of Lease

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What amounts to a breach of a lease?

Many leases contain restrictions relating to the property, from a ban on pets, a clause preventing the property being sub-let or used as holiday accommodation, right through to clauses preventing the leaseholder from running a business from the property.  In some instances the clauses may be vague or open to interpretation, but if a leaseholder breaches the lease, the consequences could be serious and costly.

What are the consequences of breach? 

Ultimately if the lease has been breached, the freeholder may seek forfeiture, i.e. to take possession of the leasehold property.  This is a lengthy and costly procedure for all parties so it is important to ensure that all reasonable steps are taken to ensure that any issues which might result in a breach of the lease are dealt with reasonably and amicably.

How we can help

If the freeholder is alleging that you're in breach of the lease, or you are worried that your landlord may seek forfeiture because you have been struggling to pay rent by the due date, we will give you guidance so you can understand how best to avoid potential legal action.

  • We help you understand whether there has been a breach of the lease 
  • We explain your legal position and the potential consequences 
  • We talk you through the next steps and your options for getting further legal advice and assistance
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Meet your experts
Catherine Hudson 360X360 Catherine Hudson Catherine is an expert in landlord and tenant law, having worked for a housing charity as a Caseworker for 15 years.
Lawyer Profile Picture 360 360 Sophie Jones Sophie joined Which? in June 2015 specialising in landlord and tenancy as well as other areas.
Mark Woodham 360X360 Mark Woodman Mark is an expert in residential tenancy and Neighbour disputes, helping members to navigate their way around complex matters.
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