Effective Block Management often requires Managers to be involved in the resolution of disputes arising from use of premises. Managers can be tasked with resolving complaints for matters such as noise, disrepair, water leaks, short term lettings, unauthorised alterations, and anti-social behavior. These issues, if left unmanaged, can significantly interfere with the use and enjoyment of premises by others and can lead to deterioration in property values.
The Lease will establish the framework for any restrictions on the use of the property. Every Lease is different, but most provide rules for use of the Premises which cover the issues which often arise in complaints.
Scott Cohen has significant experience with Lease interpretation and proceedings involving Breaches of Lease. We can assist Managers in all issues surrounding Lease compliance including:
- Interpreting the Lease, in the first instance, to identify if a breach has arisen upon the terms. This will include evaluation of the precise wording of the individual Lease to assess the strength of a client’s case.
- Conducting an assessment of the evidence held by the client and evidence required to successfully progress proceedings on the client’s behalf.
- Issuing correspondences to the defaulting party to seek resolution of issues informally. This is often a cost-effective solution, which aims to preserve relations of all parties throughout the process.
- Providing comprehensive and tailored advice on the client’s options for proceedings to remedy the Breach of Lease and the Cost Recovery options for any method sought.
- Issuing and conducting proceedings either at a First Tier Tribunal or County Court. Depending on the nature and severity of a Breach, the Manager has a range of options that may be utilised to take enforcement action following a Breach of Lease. Scott Cohen has extensive experience with proceedings both at the First Tier Tribunal and the County Court and can assist clients with all stages of proceedings.
- Advising Manager Landlords on the use of forfeiture following a Breach of Lease. Where forfeiture is contemplated, all steps taken in relation to the matter need to be carefully controlled to preserve the right to forfeit. Scott Cohen has significant experience of the Forfeiture regime and can provide tailored advice which considers the preconditions to a successful Forfeiture claim. For more information on Forfeiture go to our Forfeiture and Possession page.
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