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 point be ascertained, the tenant must offer reasonable security. See Tender of sums due to landlord as a condition of grant of new tenancy: Halsbury's Laws of England [1250] for further information.

LRA 1967 does not appear to make provision preventing the grant of a lease extension in the event of other breaches. However, the landlord will have other remedies available to them, such as court

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