Tenant Found Guilty of Breaching Lease Terms

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00AF/LBC/2025/0662 Property : [ADDRESS] [POSTCODE] Applicant : [redacted] : [APPELLANT] Respondent : [redacted] : No appearance Type of [NAME] : Determination of an alleged breach of covenant Type of [NAME] : Breach of Covenant Tribunal Member :

Judge Robert Latham

Venue : 10 [ADDRESS] [POSTCODE] Date of decision : 13 January 2026

DECISION

Decisions of the Tribunal (1) The Tribunal determines that for the purposes of section 168(4) of the Commonhold and Leasehold Reform Act 2002, the Respondent has beached the terms of his lease in that he has (i) failed pay his council tax (breach of Schedule 8, paragraph 7 of his lease); and (ii) failed to

2 notify his landlord of any notices served by the local authority affecting his flat (breach of Schedule 8, paragraph 19 of his lease); (2) The Tribunal determines that the Respondent shall pay the Applicant £114 within 28 days of this Decision, in respect of the reimbursement of the tribunal fees paid by the Applicant. The [NAME]

1. By an [NAME] dated 8 September 2025, the Applicant seeks an order that the Respondent has breached a term of his lease pursuant to section 168(4) of the Commonhold and Leasehold Reform Act 2002 (the "2002 Act"). The [NAME] relaters to [ADDRESS] [POSTCODE] ("the Flat"). The Applicant stated that the [NAME] was urgent as a [NAME] had obtained an order for possession. It is unclear whether the Respondent occupies his flat.

2. On 8 October 2025, the Tribunal gave Directions. The Directions provided for the [NAME] to be determined on the papers, unless either side requested an oral hearing. Neither party has done so. On 11 December, the Tribunal emailed a copy of the Directions to the Respondent.

3. On 29 October 2025, the Applicant sent the Respondent a copy of the documents on which it seeks to rely by both email and post. These included up-to-date official copy of the register and file plan of both the freehold and leasehold titles, the lease of the subject property and a bundle of the relevant correspondence.

4. The Respondent has failed to engage with this [NAME]. By 27 November 2025, the Respondent had been directed to serve his Statement of Case in response to the [NAME] together with any witness statements and documents on which he seeks to rely. He has failed to comply with this Directions. The Lease 5. The Respondent occupies Flat 6, the Acres, pursuant to a lease dated 28 February 2007. This is a two bedroom flat. The Respondent is the original tenant.

6. By Clause 3.1 of the lease, the Lessee covenants to observe and perform the obligations set out in the Eighth Schedule. The following paragraph of this Schedule are relevant: (i) By paragraph 7, the Lessee covenants:

3

(ii) By Paragraph 19, the Lessee covenants:

The Alleged Breaches 7. The Applicant complains that the Respondent has failed to pay the council tax due on the Flat. As a result, the London Borough of [NAME]("[NAME]") pursued the Applicant (as freeholder) for the unpaid council tax. On 13 May 2025, [NAME] made a liability order against the Applicant. The Applicant has applied to set the order aside.

8. On 16 May 2025, [NAME] issued a further summons against the Applicant for subsequent council tax arrears of approximately £2,496.34. A court hearing was originally fixed for 10 June 2025. This was adjourned until 5 August 2025. In the interim, [NAME] withdrew the summons.

9. The Applicant states that the Respondent failed to provide the Applicant with any notice of [APPELLANT] correspondence, summonses or liability orders. As a consequence of the Respondent's failure to meet his council tax obligations, the Applicant has incurred significant legal costs and expenses. At the date of the [NAME], these costs were estimated at £2,400. The Law 10. Section 168 of the Commonhold and Leasehold Reform Act 2002 provides that:

4 "(1) A landlord under a long lease of a dwelling may not serve a notice under section 146(1) of the Law of Property Act 1925 (c. 20) (restriction on forfeiture) in respect of a breach by a tenant of a covenant or condition in the lease unless subsection (2) is satisfied.

(2) This subsection is satisfied if—

(a) it has been finally determined on an [NAME] under subsection (4) that the breach has occurred,

(b) the tenant has admitted the breach, or

(c) a court in any proceedings, or an arbitral tribunal in proceedings pursuant to a post-dispute arbitration agreement, has finally determined that the breach has occurred.

(3) But a notice may not be served by virtue of subsection (2)(a) or (c) until after the end of the period of 14 days beginning with the day after that on which the final determination is made.

(4) A landlord under a long lease of a dwelling may make an [NAME] to the appropriate tribunal for a determination that a breach of a covenant or condition in the lease has occurred.

11. In approaching this [NAME], we have regard to guidance provided by Martin Rodger QC, the Deputy President, in [NAME] v 15 [COMPANY] [2020] UKUT 192 (LC); [2021] 1 P&CR 9 (at ++[49]): "The purpose of proceedings under s.168(4) of the 2002 Act, is to establish the facts on which steps to forfeit an extremely valuable lease will then be founded. Before forfeiture proceedings may be commenced the landlord is required by s.146(1) of the 1925 Act, to serve a notice “specifying the particular breach complained of” and if that breach is remedied and compensation is paid no forfeiture will occur. Before a s.146 notice may be served the FTT must determine that “the breach” has occurred (s.186(2)(a) of the 2002 Act). It follows, therefore, that the determination required of the FTT must be sufficiently specific to provide the basis of a s.146 notice." The Tribunal’s Determination 12. On the basis of the undisputed evidence before it, the Tribunal is satisfied that the Respondent has beached the terms of his lease in that he has: (i) failed pay his council tax (breach of Schedule 8, paragraph 7 of his lease); and

5 (ii) failed to notify his landlord of any notices served by the local authority affecting his flat (breach of Schedule 8, paragraph 19 of his lease). Refund of Fees 13. The Applicant has paid tribunal fees of £114. In the light of our findings, the Tribunal orders the Respondents to refund the tribunal fees of £114 within 28 days of the date of this decision pursuant to Rule 13(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (“the Tribunal Rules”).

14. The Tribunal notes that this [NAME] may not have been served on any mortgagees and/or any subtenants/occupiers. If any [NAME] or sub- tenant considers that they have been prejudiced, it is open to them to apply to set this determination aside. Judge Robert Latham 13 January 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] 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).