Flat 82 The Quadrangle, Cambridge Square, London W2 2RR LON/00BK/LBC/2025/0624
DECISION
Decisions of the tribunal (1.) The tribunal finds the respondent leaseholders have carried out and have also adopted unauthorised alterations to the subject property at Flat 82, The Quadrangle, Cambridge Square, London W2 2RR (‘the property’) in breach of clauses 3 and 4 of the lease dated 16 December 1988 in addition to paragraphs 3, 7, 9 and 22 of the Fourth Schedule and paragraphs 3 and 10 of the Fifth Schedule. (2) Therefore, the tribunal finds the respondent are in breach of the terms of their lease pursuant to s.168(4) of the Commonhold and Leasehold Reform Act 2002. _____________________________________________________ The application[1]The Applicant landlord seeks a determination, under subsection 168(4) of the Commonhold and Leasehold Reform Act 2002 (“the Act”), that the Respondent tenants are in breach of the covenants contained in the lease dated 16.12.88 with a term of 99 years from 25.12.86 and the applicant, the freeholder. Background[2]The subject property at Flat 82 The Quadrangle, Cambridge Square, London W2 2RR (‘the property’) comprises a purpose built two-bedroom flat(now 3 bedrooms) and is held by the respondents under a lease dated 16 December 1986. The applicant asserts that the respondents are by reason of clauses 3 and 4 in addition to paragraphs in the Fourth and Fifth Schedules of the Lease, in breach for unlawful internal alterations.[3]The applicants assert the property has been subject to significant refurbishment works including alterations to internal walls, relocation and renewal of the kitchen, removal of sanitary fittings, renewal of floor coverings, an electrical rewire, the relocation and renewal of the boiler, pipework and radiators, the renewal of fixtures and fittings, and redecoration. In addition a number of building safety and fire safety issues with the alterations were identified for which there is a lack of approvals and certification. The hearing[4]The tribunal were provided with a digital bundle of 338 pages by the parties. The burden of proof rests with the Applicant. The tribunal will need to be satisfied that:(a) (b) The lease includes the covenants relied on by the Applicant, and That, if proved, the alleged facts constitute a breach of those covenants.[5]However, at the beginning of the oral hearing, counsel for the respondents informed the tribunal that he would not be making any ‘positive challenge’ to the fact that alterations had been carried out at the property or that these alterations were in breach of the terms of the respondents’ lease.[6]The applicant relied on the written and oral evidence of Ms Georgina Kate Muskett solicitor for the applicant and Mr William Thomas Dawson Bell, Senior Property Manager at Savills (UK) Limited. In addition the tribunal heard from the applicant’s expert Mr Graeme Parslow BSc MBA who spoke to his report dated 10 July 2025 which provided detailed analysis of the alleged alterations that had been carried out. In addition the tribunal was provided with a marked plan of the property showing the alterations that had been carried out to the property which included:(i) Reconfiguration of hall cupboard and new opening created.(ii) Removal of double door between hall and living/dining area leaving unprotected lobby area.(iii) Re-location of kitchen(iv) Removal of door between living/dining area leading to bedrooms.(v) Removal of cupboard in hall.(vi) Formation of new cupboard in corridor leading to bedrooms.(vii) New cupboard installed in bedroom.(viii) Built-in wardrobes removed and new ones installed in a new location and new door opening created.(ix) Removal of dressing room within bedroom and replaced with a shower room.(x) Third bedroom created in area previously used as a kitchen.(xi) Relocation of kitchen sink and dishwasher.(xii) Creation of shower room to previously existing w.c.(xiii) Relocation of washing machine from kitchen area to corridor opposite bedroom.(xiv) Installation of new family bathroom.(xv) Creation of ensuite shower room in place of dressing room. (xvi) Laying of ceramic tiles in wc/shower rooms. (xvii) Fitting of new doors. (xviii) Installation of hinged access panels to service riser in w.c. (xix) Reconfiguration of access panels to services in family bathroom. (xx) Rewiring of premises throughout. (xxi) Installation of extract ventilation in bathroom, shower room and w.c. (xxii) Recirculating only cooker hood. (xxiii) Installation of new boiler. (xxiv) Penetration of pipes through compartment walls. (xiv) Exposure of redundant asbestos flue.[7]Mr Hammond told the tribunal the applicant relied upon the following clauses of the lease to establish the respondents are in breach of the terms of the lease: Clause 3 The Lessee hereby covenants with the Lessors and with the Lessees of the other flats in the Building held or to be held on Ninety-nine year Leases in manner as set forth in the FOURTH SCHEDULE hereto. Clause 4 The Lessee hereby covenants with the Lessors in manner as set forth in the FIFTH SCHEDULE hereto. Paragraph 3, Fourth Schedule Repairs required by Law or by Local Authority Throughout the said term execute or cause to be executed all such works as under or by virtue of any Act or Acts of Parliament for the time being in force are necessary or shall be directed to be executed upon or in respect of the demised premises AND shall comply with all notices relating to the demised premises served by a local or other competent authority within the period specified in such notices AND shall keep the Lessors indemnified against all claims and liability in respect thereof and any sum or sums paid or payable by the Lessors in respect of any breach of this covenant shall be repayable by the Lessee to the Lessors on demand and shall be forthwith recoverable as a debt. Paragraph 7, Fourth Schedule Nuisance Not carry on or permit or suffer in or upon the demised premises or any part thereof any sale by auction and shall not permit or suffer any noise (of any kind) emanating from the demised premises to be audible outside the demised premises and shall not permit or suffer any act matter or thing whatsoever whether in the demised premises or in or about any parts of the Building or the lift therein used or for use in common by the residents therein or upon the Lessors’ Property which shall or may be or become or cause a nuisance damage annoyance or disturbance to the Lessors or any of their lessees or occupiers or to the owners of occupiers of any property in the neighbourhood. Paragraph 9, Fourth Schedule Floor coverings(a) Cover and keep covered all the floors of the demised premises (except any kitchen bathroom and toilet) with close fitting carpet and underfelt or other form of underlay of a condition and quality approved by the Surveyor in order to prevent undue penetration of sound to adjoining premises in the Building.(b) Cover and keep the floors of the kitchen and bathroom and toilet covered with a floor covering in good condition suitable to those rooms and laid over a layer of sound-insulating material covered by hardboard or alternatively the bathroom floor may be close carpeted in like manner in all respects as the floors of the living rooms. Paragraph 22, Fourth Schedule Compliance with regulations At all times observe and comply with all rules and regulations for the time being and from time to time in force made by the Lessors for the management of the Building or the Lessors’ Property and in particular (without prejudice to the generality of the foregoing) for the removal of refuse from time to time and in relation to car parking. Paragraph 3, Fifth Schedule Prohibition against alterations Not make or permit or suffer to be made any alteration or addition whatsoever in or to the demised premises (including for the avoidance of doubt the cisterns tanks sewers drains pipes wires cables ducts conduits and all other conducting media thereof and the radiators boilers (if any) water and sanitary apparatus gas appliances (if any) electrical installations and all fixtures and fittings therein and appurtenances thereof) nor in or to the plan arrangement or construction of the demised premises nor to any roof wall door frame ceiling floor window window frame or balcony (if any) being part of the demised premises or of the Building or any part thereof. Paragraph 10, Fifth Schedule Heating/Air conditioning Not to do or allow permit or suffer to be done in or about the demised premises anything which prejudices the operation of or imposes an additional load on any heating ventilation or air conditioning equipment now or during the said term serving the demised premises.[8]Mr Hammond submitted to the tribunal that where alterations had been carried out by previous leaseholders and were present at the date of the assignment of the lease to the respondents in 2015, the latter however, should still be regarded as being in breach of the lease in respect of those (earlier) alterations having effectively ‘adopted’ them.[9]Mr Hammond submitted that Paragraph 3, Fifth Schedule of the lease on which the applicant relied was so wide in its wording, that all the unauthorised alterations that had been carried out in the property were ‘caught’ by this clause.[10]None of the applicant’s evidence was contested by the respondents. Mr Rees-Phillips informed the tribunal however, that many of the alterations had been carried out after a water-leak had occurred in 2021 and repairs and renovations were required. Although not a matter for the tribunal, Mr Rees-Phillips indicated the respondents were willing to regularise the position with the applicant. The tribunal’s reasons[11]The tribunal finds the evidence relied upon by the applicant both comprehensive and persuasive. In particular, the tribunal finds the expert evidence of Mr Parslow to be detailed and convincing and the tribunal is satisfied the applicant has met the burden of proof and established the respondent has breached clauses 3 and 4 of the lease in addition to paragraphs 3, 7, 9 and 22 of the Fourth Schedule as well as paragraphs 3 and 10 of the Fifth Schedule.[12]The tribunal also finds the respondent failed to challenge the applicant’s evidence or any of the witnesses called to give evidence on its behalf, thereby impliedly accepting the evidence of the alterations and the consequent breaches of the lease.[13]In conclusion, the tribunal finds the applicant has proved its case and that the respondents are in breach of the terms of the lease dated 16 December 1988 pursuant to s.168(4) of the Commonhold and Leasehold Reform Act 2002. Name: Judge Tagliavini Date: 5 December 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 application for permission must be made to the First-tier Tribunal at the Regional Office which has been dealing with the case. The application should be made on Form RP PTA available at https://www.gov.uk/government/publications/form-rp-pta-application-for-permission-to-appeal-a-decision-to-the-upper-tribunal-lands-chamber The application for permission to appeal must arrive at the Regional Office within 28 days after the Tribunal sends written reasons for the decision to the person making the application. If the application is not made within the 28-day time limit, such application 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 application for permission to appeal to proceed, despite not being within the time limit. The application 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 making the application is seeking. If the Tribunal refuses to grant permission to appeal, a further application for permission may be made to the Upper Tribunal (Lands Chamber).