Forfeiting long residential leases
It is a common misapprehension that there is little practical difference between long leasehold and freehold interests in land.
The recent case of Ashley Gardens Freeholds Limited v Landor (2017) has proved how wrong that is: an elderly widow who ran a bed and breakfast business from her £2.8 million flat in breach of her lease was given six months to leave her home of 40 years.
The company that owned the freehold of the mansion block where the woman lived sought forfeiture of her 125-year lease on the basis of a covenant contained within it that required that her flat must be used solely as a private residence and not for any purpose that might cause nuisance, annoyance or disturbance to other leaseholders.
Despite her denials, a judge found that she had been renting out rooms in her flat on a short-term basis in order to supplement her meagre income. What she was doing could only be viewed as a business and other residents had complained of the noise nuisance arising from her constant stream of guests.
Attempts to persuade her to curtail her activities had failed and her neighbours had endured unreasonable levels of noise and disruption over very many years. The covenant having been breached, the judge gave her six months in which to arrange a sale of her flat. Failing that, her lease would be forfeited.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles
Check out some of the best features and news from Designing Buildings as well as key stories from around the web.
Communities will be able to build their own clean energy.
Why diversity and inclusion matters for SMEs
CIOB’s D&I Charter shows how practical changes can support long-term growth.
Cut electricity bills to power growth
Coalition sends joint letter to the Chancellor.
Gasholders: a history in pictures. Book review.
Recognition, influence and growth
SocEnv identifies three strategic pillars in new strategy to 2045.
Discover the future of roofing, cladding and insulation.
New guidance for professional practice, cultural change and regulation in social housing.
The heritage of nuclear and conventional power stations.
New measures to stop people being ripped off
Government to protect families from cowboy builders and aggressive bailiffs.
New Futurebuild showcase brings an innovation-first approach.
National Planning Policy Framework
Understanding the 2026 changes.
ECA's public affairs priorities
Member consultation opens to shape priorities for 2027 to 2030.

















