What happens when neighbours claim your tenants run a brothel? Amy Proferes looks at a recent case
- Marchitelli v 15 Westgate Terrace looks at leaseholder’s responsibility for tenant’s illegal activities.
- Where brothel-running is alleged, the leaseholder (lessee) should take prompt action.
- The landlord’s notice should be specific.
A landlord wishing to forfeit a long lease of residential premises faces a daunting procedural labyrinth. The usual statutory notice under s 146 of the Law of Property Act 1925 must be served, specifying the breach complained of but, pursuant to s 168 of the Commonhold and Leasehold Reform Act 2002, this may only be done if either the lessee has admitted the breach or 14 days have elapsed since a court or tribunal has finally determined that the breach occurred. The recent decision in Marchitelli v 15 Westgate Terrace Ltd [2020] UKUT 192 (LC) shows that, even if an application for determination is successful, the landlord may still not be in a position to serve a valid s 146 notice if the determination is insufficiently detailed.
