Read more articles in: Blog, Dispute Resolution, Lorraine Walker

When leaseholders breach the lease – Common issues and what landlords can do

When you own a leasehold property, you do not own the land it stands on, and the lease sets out strict rules about how the property must be used.

Breaches of lease terms are one of the most common causes of tension between landlords and leaseholders, and if not dealt with early, they can lead to drawn-out and expensive legal disputes.

What counts as a breach of lease?

A lease is a binding legal agreement, and its terms are enforceable in court. Breaches can include:

Subletting the property without consent
Making structural alterations without permission
Using the property for a business when it is meant for residential use only
Failing to maintain or repair the property in line with obligations
Causing nuisance to neighbours through noise, pets, or antisocial behaviour

Sometimes the breach is unintentional, a leaseholder may not even realise they are doing something wrong.

However, in other cases, the breach is deliberate, and attempts to resolve it informally are ignored.

What can landlords do?

If you are a landlord (residential or commercial), you have the right to enforce the terms of the lease.

In many cases, early legal advice can help resolve matters without going to court.

Options include:

Sending a formal letter before action, requesting that the leaseholder stops the breach and rectifies any damage caused
Mediation or negotiation, particularly where both sides want to avoid formal proceedings
Applying to the First-tier Tribunal (Property Chamber), which can determine whether a breach has occurred
Seeking forfeiture of the lease, in extreme cases, where the breach is serious and ongoing

Our team can help you assess your options and act proportionately to resolve the issue.

If you are facing a breach of lease issue, or are unsure whether a leaseholder’s actions are allowed , we can help.

Our experienced disputes team will take the time to understand the situation and offer clear, practical advice on the best way forward.

Contact us today for professional legal advice.