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Apply for an order that a breach of the lease has occurred

Document Cited authorities 5 Cited in Related
Vincent
Published date21 March 2018
Subject MatterLeasehold (Management) dispute applications forms
Residential Property Tribunal Service

First-tier Tribunal Property Chamber
(Residential Property)

Ref no. (for office use only)

Application for an order that a breach of covenant or a condition in the lease has occurred

Section 168(4) of the Commonhold and Leasehold Reform Act 2002

It is important that you read the notes below very carefully before you complete this form.

This is the correct form to use if you are a landlord under a long lease* of a dwelling and wish to apply to the Tribunal for a determination under section 168(4) of the Commonhold and Leasehold Reform Act 2002 that a breach of covenant or condition in the lease has occurred. This is not the correct form if the breach alleged is failure to pay service charges or administration charges – instead please use form Leasehold 1 or 3 respectively.

A fee is payable for this application (see section 11 for Help with Fees). The fees are set out in this form.

Applications should be sent as a Microsoft Word document by email to the relevant regional tribunal address shown in the Annex to this form. You must also send by email the documents listed in section 11 of this form. If you cannot access email or find someone to assist you in lodging your application by email, then a paper application will be acceptable although there may be a delay in dealing with this. Sending an application on paper will not be suitable in urgent cases.

You can now pay the the fee (if applicable) by an on-line banking payment or by cheque/postal order enclosed with the application form.

If you want to be sent online banking payment details by email, please tick this box

Please make sure a copy of the application is served on the other party/parties to the application. If you are unable to serve a copy on the other party/parties, please bring this to the tribunal’s attention in the covering email or if sending by post in a covering letter.

Please do not send any other documents. When further evidence is needed, you will be asked to send it in separately.

If you have any questions about how to fill in this form, the fee payable, or the procedures the Tribunal will use please contact the appropriate regional office.

*Note: ‘Long Lease’ is defined in detail in sections 76 and 77 of the 2002 Act, but usually means a lease granted for a term of more than 21 years.

If you are completing this form by hand please use BLOCK CAPITAL LETTERS.

  1. DETAILS OF APPLICANT(S) (if there are multiple applicants please continue on a separate sheet – please also provide email addresses)

Name:

Address (including postcode):

Address for correspondence (if different from above):

Telephone:

Day:

Evening:

Mobile:

Email address:

Representative name and address, and other contact details: Where details of a representative have been given, all correspondence and communications will be with them until the Tribunal is notified that they are no longer acting for you.

Name:

Reference no. (if any)

Address (including postcode):

Telephone:

Day:

Mobile:

Email address:

Fax:

  1. ADDRESS (including postcode) of SUBJECT PROPERTY

  1. BRIEF DESCRIPTION OF BUILDING (e.g.2 bedroom flat in purpose built block of 12 flats)

  1. DETAILS OF RESPONDENT (S) (if there are multiple respondents, please continue on a separate sheet)

Name:

Address (including postcode):

...

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