Think Tank

Can I enter a leasehold home?

How can I obtain access to a property let on a lease to carry out works? Do we have a right to force access and do the necessary repairs or must we seek a legal injunction against the leaseholder? If so, how long should this take to achieve?

As a landlord you do not have a right to enter a property without permission. Where a right to enter to carry out works exists, you can either seek possession or an injunction. An injunction is often the preferred route.

For straightforward leases, such as those sold on the open market or via the right to buy, if a lessee fails to provide access after a request by the landlord, an application for an order requiring the leaseholder to give or arrange access – an injunction – can be made. This will almost always be on notice. You can also seek injunctions against shared-ownership leaseholders, whether or not they have staircased to 100% ownership.

Failure to give access leaves the leaseholder open to an application by the landlord for their committal to prison. Alternatively, if the court makes a finding in the injunction application that the leaseholder is in breach of lease (and the court should be asked to make this finding), that judgment can be used to support an application for forfeiture and possession.

When the relevant provisions of the 2002 Commonhold & Leasehold Reform Act are fully in force, they will provide that, before taking forfeiture (possession) proceedings, you will have to obtain a judgment that there has been a breach of lease from a Leasehold Valuation Tribunal.

However, that rule is disapplied if the fact of the breach has been determined by a court. It may often be preferable to seek that determination in proceedings for an injunction.

It is also possible to agree to arbitrate, but an arbitration clause in a lease will be invalid for leaseholder breaches when the 2002 act's provisions come into force – unless the decision to negotiate post-dates the dispute.

How can I get access to a home let on a lease to repair a problem that is damaging our property below?

The Leasehold Valuation Tribunal route may well be recommended in other cases but– given that further proceedings to enforce a decision by that body would then need to be taken in any event – is perhaps less useful if access is urgently needed.

Where proceedings are brought in the county court, an order for costs can be sought. Costs will not be recoverable against the defaulting leaseholder either in the Leasehold Valuation Tribunal or, on appeal, in the Lands Tribunal and will only be capable of being charged back to the general service charge account if the leases allow for that.

The above routes can also be used to force leaseholders to deal with their own sub-tenants, possibly by way of possession proceedings, and any claim for an injunction can be adjourned on terms that the leaseholder does take appropriate action.

Before taking any action it is important to ensure that access is required for a purpose allowed for under the lease. For example, if you are only entitled to carry out repairs but want access for improvement works, you won't obtain an order.

Rosemary Hart Partner and housing specialist, Trowers & Hamlins

Overcrowding problem: common sense is needed

I'd like to reply to the letter "Don't I deserve more space?" (14 May, page 32). Unless there are extenuating circumstances, some common sense could be applied in this case – for instance, the 21-year-old moving out and presenting as homeless in his own right. It is not an ideal solution but appears the most sensible under the circumstances.

Name and address supplied

Why can't I get a job?

How are people like me supposed to get the work experience we need if employers are not prepared to give us a chance?

For someone new to the sector, there is always the dilemma of needing the right experience to get the right job, and needing the right job to get the right experience.

There are particular staff shortages in housing management, development and regeneration, therefore housing providers often concentrate their efforts on such areas of skill shortages.

Sending out CVs and canvassing organisations may eventually lead to the employment you are seeking, but most busy human resources departments will respond with a polite letter and a promise to keep your details on file. It is far better to respond to specific advertisements for jobs that fall within your area of interest. Housing Today is, obviously, the first place to look. Also, many large associations have websites where they advertise vacancies.

You are more likely to find a career progression scheme with one of the larger organisations and you can identify these through various sources: the National Housing Federation produces a directory of all registered social landlords, which will allow you to identify their sizes. You should be able to find this through your local library.

If you are flexible, mobile and prepared to relocate, this will be in your favour. Generous relocation packages are fast becoming a thing of the past and taking up employment may initially be expensive if the job is in a high-cost part of the country.

Sandy Staff, Human resources management consultant