Enforcing lease against co-freeholder

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    Enforcing lease against co-freeholder

    Hello

    I'm about to purchase the freehold with my neighbour.

    I was wondering if we would still be able to enforce lease covenants when we are both freeholders as well as leaseholders?

    Does anyone know what our rights would be if it came to enforcing the lease on one of us? I don't know how it would work because wouldn't we both have to agree to enforce the lease?

    Many thanks in advance.

    Beverly


    #2
    The 2 major obligations under the lease are (1) paying the annual ground rent ( 2) paying 50% of the service charge ( maintenance costs + insuring the building ).

    After both of you have purchased the freehold title, you would extend the lease to 999 years at peppercorn ground rent which removes the obligation for annual ground rent payment in item 1.

    The contribution to 50% of the service charge may be a problem if one of the 2 leaseholder refuses to pay.

    Comment


      #3
      You will not be able to enforce covenants which have only been made with the freeholder. You will not be able to do anything based on section 146.

      Comment


        #4
        Beverly,

        What kind of breaches under the lease did you have in mind ?

        Comment

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