If your landlord breaches the terms of the lease, you can take legal action against them in court. Your lease is a legal contract between you and the landlord, and you can enforce breaches in the courts.
However, going to court can be expensive, stressful and time-consuming. You may get damages, force your landlord to comply with their obligations, and recover the costs of bringing the claim if you win, but there is no guarantee of that. This is why legal action is usually a last resort.
Contact your landlord first
First, contact your landlord in writing setting out your concerns and stating what can be done to put things right. Give a reasonable time for them to respond and take action. Follow up your first message if necessary and keep a record of all your communications, as it may be useful in court.
If this does not help, you could try mediation – asking an impartial third party to help you come to a satisfactory agreement. If that fails then you should consider legal action, but, you should get specialist advice first.
Applying to court
You can apply to the First-tier Tribunal (Property Chamber) – or the Leasehold Valuation Tribunal if the property is in Wales – for breaches relating to unsatisfactory management or unreasonable service charges. The Tribunal can appoint a new manager and limit charges.
To get your landlord to make repairs, you would need to submit your claim to a county court.
More information you might find useful:
- I am in dispute with my landlord but I do not want to go to Court or Tribunal. Is there an alternative?
- Living in Leasehold Flats: advice guide
- Application to the First-tier Tribunal (Property Chamber): advice guide
- Service Charges and other issues: advice guide
- More Frequently Asked Questions on Breach of Lease
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