Q&As

Does a breach of a lease by a lessee stop them from purchasing the freehold of their house using the procedure in the Leasehold Reform Act 1967?

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Published on LexisPSL on 14/06/2016

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Does a breach of a lease by a lessee stop them from purchasing the freehold of their house using the procedure in the Leasehold Reform Act 1967?
  • Is a tenant who is in breach of a lease entitled to enfranchise?

Does a breach of a lease by a lessee stop them from purchasing the freehold of their house using the procedure in the Leasehold Reform Act 1967?

Is a tenant who is in breach of a lease entitled to enfranchise?

In short, it will depend on the breach complained of. In respect of lease extensions, under section 14(3) of the Leasehold Reform Act 1967 (LRA 1967), a tenant is not entitled to require that a new lease be executed unless they have paid:

  1. all reserved rents

  2. all costs incurred in dealing with the lease extension claim under LRA 1967, s 14(2)

  3. any other sums due or payable under the existing tenancy or collateral agreement

If the amount due cannot at that

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