«Breaking News» Leaseholder is locked in legal battle after freehold property owner seizes his £600,000 London flat

Charles McCadden (pictured) has been locked in a legal battle after his freehold property owner seized his £600,00 flat

A leaseholder has been left with nothing after his £600,00 flat was seized in a 'redecorating' dispute.

Charles McCadden bought a flat in on the upper floor of a Victorian terrace in northwest London with inheritance money. 

But due to a forfeiture law, that allows freeholder to take ownership of a property if there is a breach in the lease, Mr McCadden was removed from his home. 

Mr McCadden has been left feeling suicidal and has called for a change in the law.

He told The Times: 'The whole episode has made me feel very anxious, stressed out and at times suicidal. I am living a nightmare.' 

Afshan Malik, a medical researcher at King's college London, lives downstairs to his flat and owns the freehold to the property. 

Mr McCadden's had redecorated his flat in northwest London (pictured) which had breached terms of the lease

Mr McCadden, who suffers from chronic illness, had redecorated his home shortly after moving in but had not consulted Dr Malik, a requirement of the lease.

Dr Malik took Mr McCadden to the first tier-tribunal for breach of covenant and refusal to pay maintenance costs.

The tribunal visited his home and could not gain access but were satisfied that a new bathroom, kitchen and central heating had been installed.

What is forfeiture of the lease?

Forfeiture of the lease is freeholder's right to end a commercial lease in the event of a breach by the leaseholder.

A freeholder must give the leaseholder valid notice of the breach under section 146 f the law.

The leaseholder must agree to that the breach has occurred or it will be taken to the first-tier property tribunal or a court which will determine the amounts due. 

A section 146 cannot be served for debts under £350 or less than three years 

Judge Robert Latham had noticed holes in the external walls and that the freeholder's radiators, floorboards and a toilet had been removed.

The court ruled the breaches to be serious and ordered Mr McCadden to pay Dr Malik £216.62 in outstanding charges and to reimburse her for the £300 tribunal fee.

But Mr McCadden says he was not told about the tribunal because he was living in Scotland looking after his seriously ill father.  

He also insists the changes he made to the property were small.

Sebastian O'Kelly, from the charity Leasehold Knowledge Partnership, told The Times: 'Mr McCadden has been found to be an inconsiderate neighbour.

'But the loss of £600,00 asset is out of proportion to the dispute...They key question is: what if it had been the other way round and the freeholder had been inconsiderate?'

In 2006 the Law Commission recommended the removal of forfeiture but the government did not follow through.  

Linkhienalouca.com

https://hienalouca.com/2018/09/15/leaseholder-is-locked-in-legal-battle-after-freehold-property-owner-seizes-his-600000-london-flat/
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Charles McCadden (pictured) has been locked in a legal battle after his freehold property owner seized his £600,00 flat

A leaseholder has been left with nothing after his £600,00 flat was seized in a ‘redecorating’ dispute.
Charles McCadden bought a flat in on the upper floor o...

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