The 'Lease' is the contract between the Landlord, the management company and the leaseholder; their entire relationship is governed by the contents of the lease.

Management companies typically manage the common parts of the building and any amenity areas and therefore Directors of management companies must be aware of the provisions of the lease and must ensure that they understand their obligations contained within it.

Whilst all leases may look the same, they probably are not! It is therefore essential that the lease of a property is read and understood. Leases often contain a provision that allows the Landlord to bring the lease to an end if the lessee defaults on any obligation under the lease - including a covenant to pay services charges, rent or other breach of lease term such as noise disturbance or annoyance.This provision is known as 'forfeiture'.

Our specialist Property Litigation Team can assist you in dealing with a wide range of areas of property litigation including:

• possession proceedings
• forfeiture claims
• service charge disputes
• recovery of service charge and ground rent arrears
• the appointment of manager applications
• price payable for freehold purchases and/or lease extension claims

If you wish to discuss your case or the services with our specialised Property Litigation Team, please contact Yashmin Mistry or Steven Ross.

property litigation department

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