MEMO

Date: 17th June 2022

Client: Mr Ryan

Re: Russell House

I act for Mr Ryan, a landlord, in relation to some of his housing litigation matters. Mr Ryan has purchased a residential building from the original freeholder, Russell House Ltd.

1. Mr Ryan has instructed me to proceed with forfeiture and terminate the lease of Flat 6 in Russell House, a one-bedroom apartment let by Russell House Ltd. to a Mr Holden in his sole name, by deed, for 999 years on the 20^thof April 1995. Mr Holden assigned the lease to his son in January 1996 with Ryan's consent. Mr Holden's son, Robert Holden, has lost his job recently and has not paid rent for the past 6 months. He is interviewing but hasn't had any luck for now.
2. Mr Ryan is asking advice also on the matter of Flat 7, a two bedroom apartment that was let by Russell House Ltd. to Mrs Polanski by deed for 999 years on the 1^st of January 1996. The lease was executed as a deed and registered. Mrs Polanski's daughter, Maris, to whom Mrs Polanski assigned the lease in July 1999 without the freeholder's consent, has registered Flat 7 Russell House as her place of business. She sells vintage clothes online and the occupants of the other flats have complained to the property management company about the number of deliveries and visitors to the flat, this aggravates the problem with the front door. She has also refused to pay rent and service charges because she claims Mr Ryan has not repaired the lifts satisfactorily, as they continue to break. Maris is 12 months in arrears, and did not pay Service Charges for the same period. She is threatening of suing Mr Ryan and to pursue every possible route to ensure the premises are repaired.
3. Ryan is also asking about Flat 8, let by Russell House Ltd. to his brother Mark in 1990 for 50 years. The lease was executed as a deed and registered. Six months ago, Mark had received notification from the land registry that Mr Clayton from Flat 9 has registered with possessory title as the owner of a portion of the garden of Mark's Flat. Mr Clayton has brought evidence that since 2005 he has used that portion of the garden of Flat 8 as an architecture studio, where he meets clients and plans his projects. Back in 2005 he had in fact build a small room and conducted his business there. He has also erected a fence to divide the two gardens. Mark has been asking advice to his brother since first receiving the notice. Mr Ryan asks what can be done about this.
4. Finally, Mr Ryan last year has made an oral agreement with his friend Karl and leased him Flat 10 for 3 years. Mr Ryan agreed to the lease on condition that he could visit flat 10 anytime he wanted. Because the flat has direct access to the rooftop. He has kept the keys to the flat and has been using the direct access to the rooftop multiple times a month without having to bother Karl. He noted that the walls are dirty and scratched, and he thinks it's Karl's fault. Mr Ryan wants to know if he can ask Karl to pay, or if he must repair instead.

Mr Ryan has been chasing Robert Holden and Maris Polanski for the rent arrears without success, and also wants Maris to stop conducting a business in the premises. He wants to resolve the issue of flat 9 intruding on his brother's garden. Finally he wants to know who is responsible for the repairs in flat 10.

I need you to confirm which covenants included in the leases were breached. Please also advise what actions are available to Ryan with respect to these flats, and who can Ryan pursue to remedy any breach. Is there any chance Russell House Ltd. could be liable ?