Leaseholders Found in Breach of Lease Due to Unauthorised Alterations

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BK/LBC/2025/0624 Property : [ADDRESS] [POSTCODE] Applicant : [redacted] Representative : Mr [COUNSEL], counsel Respondents : [redacted] (2) [COUNSEL] [NAME] : Mr [COUNSEL], counsel Type of [NAME] :

S.168(4) – Determination of an alleged breach of covenant - pursuant to s.168(4) of the Commonhold and Leasehold Reform Act 2002.

Tribunal members : Judge Tagliavini Mr Andrew Gee RIBA Venue : 10 [ADDRESS] [POSTCODE] Date of hearing Date of decision : 6 November 2025 5 December 2025

DECISION

2 Decisions of the tribunal (1.) The tribunal finds the respondent leaseholders have carried out and

have also adopted unauthorised alterations to the subject property at

[ADDRESS] [POSTCODE]

(‘the property’) in breach of clauses 3 and 4 of the lease dated 16

December 1988 in addition to paragraphs 3, 7, 9 and 22 of the Fourth

Schedule and paragraphs 3 and 10 of the Fifth Schedule. (2) Therefore, the tribunal finds the respondent are in breach of the terms

of their lease pursuant to s.168(4) of the Commonhold and Leasehold

Reform Act 2002. _____________________________________________________ The [NAME] 1. The Applicant landlord seeks a determination, under subsection 168(4)

of the Commonhold and Leasehold Reform Act 2002 (“the Act”), that the

Respondent tenants are in breach of the covenants contained in the

lease dated 16.12.88 with a term of 99 years from 25.12.86 and the

applicant, the freeholder. Background 2. The subject property at [ADDRESS] [POSTCODE] (‘the property’) comprises a purpose built

two-bedroom flat(now 3 bedrooms) and is held by the respondents

under a lease dated 16 December 1986. The applicant asserts that the

respondents are by reason of clauses 3 and 4 in addition to paragraphs

in the Fourth and Fifth Schedules of the Lease, in breach for unlawful

internal alterations.

3. The applicants assert the property has been subject to significant

refurbishment works including alterations to internal walls, relocation

and renewal of the kitchen, removal of sanitary fittings, renewal of floor

coverings, an electrical rewire, the relocation and renewal of the boiler,

pipework and radiators, the renewal of fixtures and fittings, and

redecoration. In addition a number of building safety and fire safety

issues with the alterations were identified for which there is a lack of

approvals and certification.

The hearing 4. The tribunal were provided with a digital bundle of 338 pages by the

parties. The burden of proof rests with the Applicant. The tribunal will

need to be satisfied that: (a) (b) The lease includes the covenants relied

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on by the Applicant, and That, if proved, the alleged facts constitute a

breach of those covenants. 5. However, at the beginning of the oral hearing, counsel for the

respondents informed the tribunal that he would not be [NAME] any

‘positive challenge’ to the fact that alterations had been carried out at the

property or that these alterations were in breach of the terms of the

respondents’ lease. 6. The applicant relied on the written and oral evidence of Ms [COUNSEL]

[NAME] solicitor for the applicant and Mr [COUNSEL], Senior Property Manager at Savills (UK) [APPELLANT]. In

addition the tribunal heard from the applicant’s expert Mr [APPELLANT] who spoke to his report dated 10 July 2025 which

provided detailed analysis of the alleged alterations that had been

carried out. In addition the tribunal was provided with a marked plan of

the property showing the alterations that had been carried out to the

property which included:

(i) Reconfiguration of hall cupboard and new opening

created.

(ii) Removal of double door between hall and living/dining

area leaving unprotected lobby area.

(iii) Re-location of kitchen

(iv) Removal of door between living/dining area leading to

bedrooms.

(v) Removal of cupboard in hall.

(vi) Formation of new cupboard in corridor leading to

bedrooms.

(vii) New cupboard installed in bedroom.

(viii) Built-in wardrobes removed and new ones installed in a

new location and new door opening created.

(ix) Removal of dressing room within bedroom and replaced

with a shower room.

(x) Third bedroom created in area previously used as a

kitchen.

(xi) Relocation of kitchen sink and dishwasher.

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(xii) Creation of shower room to previously existing w.c.

(xiii) Relocation of washing machine from kitchen area to

corridor opposite bedroom.

(xiv) Installation of new family bathroom.

(xv) Creation of ensuite shower room in place of dressing room.

(xvi) Laying of ceramic tiles in wc/shower rooms.

(xvii) Fitting of new doors.

(xviii) Installation of hinged access panels to service riser in w.c.

(xix) Reconfiguration of access panels to services in family

bathroom.

(xx) Rewiring of premises throughout.

(xxi) Installation of extract ventilation in bathroom, shower

room and w.c.

(xxii) Recirculating only cooker hood.

(xxiii) Installation of new boiler.

(xxiv) Penetration of pipes through compartment walls.

(xiv) Exposure of redundant asbestos flue. 7. Mr [APPELLANT] told the tribunal the applicant relied upon the following

clauses of the lease to establish the respondents are in breach of the

terms of the lease:

Clause 3

[NAME] hereby covenants with [NAME] and with the Lessees of the other flats in

the Building held or to be held on Ninety-nine year Leases in manner as set forth in

the FOURTH SCHEDULE hereto.

Clause 4

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[NAME] hereby covenants with [NAME] in manner as set forth in the FIFTH

SCHEDULE hereto.

Paragraph 3, Fourth Schedule

Repairs required by Law or by Local Authority

Throughout the said term execute or cause to be executed all such works as under or by

virtue of any Act or Acts of Parliament for the time being in force are necessary or

shall be directed to be executed upon or in respect of the demised premises AND shall

comply with all notices relating to the demised premises served by a local or other

competent authority within the period specified in such notices AND shall keep [NAME] indemnified against all claims and liability in respect thereof and any sum or

sums paid or payable by [NAME] in respect of any breach of this covenant shall be

repayable by [NAME] to [NAME] on demand and shall be forthwith recoverable as

a debt.

Paragraph 7, Fourth Schedule

Nuisance

Not carry on or permit or suffer in or upon the demised premises or any part thereof

any sale by auction and shall not permit or suffer any noise (of any kind) emanating

from the demised premises to be audible outside the demised premises and shall not

permit or suffer any act matter or thing whatsoever whether in the demised premises or

in or about any parts of the Building or the lift therein used or for use in common by

the residents therein or upon [NAME]’ Property which shall or may be or become or

cause a nuisance damage annoyance or disturbance to [NAME] or any of their lessees

or occupiers or to the owners of occupiers of any property in the neighbourhood.

Paragraph 9, Fourth Schedule

Floor coverings

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(a) Cover and keep covered all the floors of the demised premises (except any

kitchen bathroom and toilet) with close fitting carpet and underfelt or other

form of underlay of a condition and quality approved by the Surveyor in order

to prevent undue penetration of sound to adjoining premises in the Building.

(b) Cover and keep the floors of the kitchen and bathroom and toilet covered with

a floor covering in good condition suitable to those rooms and laid over a layer

of sound-insulating material covered by hardboard or alternatively the

bathroom floor may be close carpeted in like manner in all respects as the

floors of the living rooms.

Paragraph 22, Fourth Schedule

Compliance with regulations

At all times observe and comply with all rules and regulations for the time being and

from time to time in force made by [NAME] for the management of the Building or

[NAME]’ Property and in particular (without prejudice to the generality of the

foregoing) for the removal of refuse from time to time and in relation to car parking.

Paragraph 3, Fifth Schedule

Prohibition against alterations

Not make or permit or suffer to be made any alteration or addition whatsoever in or to

the demised premises (including for the avoidance of doubt the cisterns tanks sewers

drains pipes wires cables ducts conduits and all other conducting media thereof and the

radiators boilers (if any) water and sanitary apparatus gas appliances (if any) electrical

installations and all fixtures and fittings therein and appurtenances thereof) nor in or

to the plan arrangement or construction of the demised premises nor to any roof wall

door frame ceiling floor window window frame or balcony (if any) being part of the

demised premises or of the Building or any part thereof.

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Paragraph 10, Fifth Schedule

Heating/Air conditioning

Not to do or allow permit or suffer to be done in or about the demised premises

anything which prejudices the operation of or imposes an additional load on any heating

ventilation or air conditioning equipment now or during the said term serving the

demised premises.

8. Mr [NAME] submitted to the tribunal that where alterations had been

carried out by [NAME] and were present at the date of the

assignment of the lease to the respondents in 2015, the latter however,

should still be regarded as being in breach of the lease in respect of those

(earlier) alterations having effectively ‘adopted’ them. 9. Mr [NAME] submitted that Paragraph 3, Fifth Schedule of the lease on which the applicant relied was so wide in its wording, that all the unauthorised alterations that had been carried out in the property were ‘caught’ by this clause. 10. None of the applicant’s evidence was contested by the respondents. Mr

[NAME] informed the tribunal however, that many of the

alterations had been carried out after a water-leak had occurred in

2021 and repairs and renovations were required. Although not a matter

for the tribunal, Mr [NAME] indicated the respondents were willing

to regularise the position with the applicant. The tribunal’s reasons 11. The tribunal finds the evidence relied upon by the applicant both

comprehensive and persuasive. In particular, the tribunal finds the

expert evidence of Mr [NAME] to be detailed and convincing and the

tribunal is satisfied the applicant has met the burden of proof and

established the respondent has breached clauses 3 and 4 of the lease in

addition to paragraphs 3, 7, 9 and 22 of the Fourth Schedule as well as

paragraphs 3 and 10 of the Fifth Schedule. 12. The tribunal also finds the respondent failed to challenge the applicant’s

evidence or any of the witnesses called to give evidence on its behalf,

thereby impliedly accepting the evidence of the alterations and the

consequent breaches of the lease. 13. In conclusion, the tribunal finds the applicant has proved its case and

that the respondents are in breach of the terms of the lease dated 16

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December 1988 pursuant to s.168(4) of the Commonhold and Leasehold

Reform Act 2002.

Name: Judge Tagliavini Date: 5 December 2025

Rights of appeal By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the Tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First- tier Tribunal at the Regional Office which has been dealing with the case. The [NAME] should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-[NAME]-for- permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber The [NAME] for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28-day time limit; the Tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the Tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the Tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).