Explaining nuisance actions
Nuisance actions are acts which contravene a contract; in this case a lease. When a leaseholder or a person visiting the leasehold property does any of the following, they can be said to have performed a nuisance action when the breach contract terms and when the consequences of actions extend to neighbours e.g.:
• Failing to maintain the property (usually excludes communal areas which are the freeholders responsibility
• Keeping animals in the house which are not permitted
• Leaving vehicles in spaces reserved for other leaseholders
• Installing a satellite dish
• Causing noise disturbance
What can be done?
Legal action should not be the first port of call. Instead, landlords should seek to co-operate with the leaseholder in order to end the nuisance action. Mediation can often help with this.
If negotiation fails legal action may be required against the leaseholder. If found guilty, the leaseholder may be forced to end the action, pay damages and cover all legal fees. The landlord may also decide to take forfeiture action by serving a Section 146 notice (under the Law of Property Act 1925) to evict the leaseholder. [Click here to read more about our team can help you with forfeiture of leases.]
The law surrounding nuisance actions is very complicated and a thorough understanding of relevant legislation as well as the terms of the lease is required. Landlords are therefore far more likely to take legal action successfully if they have a specialist solicitor on their side.
A solicitor can help with the following:
• Assessing the lease to be absolutely certain that the action in question is a nuisance action
• Get the party at fault to admit their breach or get a Leasehold Valuation Tribunal to rule that it was.
• Give the party two weeks to right the breach
• Apply to the county court for permission to serve a Section 146 notice if the right is not breached
• Serve the Section 146 notice
Need specialist advice on a nuisance action? Contact our experts today
Legal action normally will not be required if the landlord instructs a solicitor because the party at fault will be keen to rectify the situation before more serious action is taken. Instructing an expert lawyer can therefore expedite the situation and save money.
In addition to UK lease extension, our specialist team has the experience and expertise needed to help, so for FREE initial phone advice on any aspect of a potential nuisance action
- Call our team now on 0800 1404544,
- Or complete the enquiry form below to get in touch.
- FREEPHONE 0800 1404544