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Breach of lease

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  • Breach of lease

    Hi all, hope you’re well.

    I am in need of some advice involving a council house purchased through right to buy and a breach of lease.

    My late grandma had an extension carried out on her council home (long lease bough through right to buy) in circa 2002/2003 to make the house disabled friendly - re design of the ground floor and small extension to the rear within the property boundary. At the time planning permission from the local council was sought and approved for the works.

    I have managed to get some archived documents from
    my late grandmas solicitor (late uncle was dealing with her matters on her behalf). Prior to the planning application being submitted around 2002, my late uncle was told by the council that he needed to get the director of housings consent to undertake any work on the house... a letter from the council to this effect was sent to my uncle 3 time’s without a response. I am assuming that my uncle would have been under the impression that the planning permission would have been the councils consent to the work being carried out - hence why he applied for planning permission instead of replying to their letter.

    in December 2006 my uncle received a letter from the council to say that there had been a breach of the lease - he passed this on to his solicitor and they went back and forth until July 2007 at which point the councils last correspondence was that they would be forwarding the matter on to their legal department.

    fast forward to March 2021 (almost 14 years after the last correspondence from the council). My Uncle has now passed away and I received a letter from the council informing me of the breach of lease as consent was not received from the director of housing to undertake the extension (planning Permission was granted and work signed off by a council building inspector).

    they have given 2 options
    - i take down the extension
    - the council takes down the extension and charges the cost back to me.

    my question here is; has the limitation on breach of contract passed as the last correspondence with them was 14 years ago or is the council within their rights to ask for the extension to be removed as they had made contact regarding this issue within 3 or so years after the breach?

    many thanks for any help.

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