Application to the FTT for determination of breach of covenant?

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    Application to the FTT for determination of breach of covenant?

    Hi Guys,

    Wanted to start a separate post with a few legal queries regarding applications to the FTT for a formal determination for a breach of covenant.

    Firstly, is it called the FTT (LVT) or the property chamber? We know its changed names quite a few times, but would like to know a final answer on this and what exactly has changed recently?

    Secondly, were going through a dispute regarding a breach of lease by some tenants that recently moved in and have been locking their barking dog in to bark and sqeual all day beneath our home. The lease states "no nuisance pets" and our solicitors have determined from our evidence that the pet is a nuisance and demanded they remove the animal which they have refused to do.

    We've recently learnt that we can apply to the FTT for a final legal determination of a breach of covenant for nuisance for not much money, this seems too good to be true? As surely it costs them a fortune to look into these cases and make determinations?

    Our managing agent has refused to act on their breaches or remove the animal but we feel they will have to act if the FTT judges the animal to be a nuisance proving a breach of covenant.

    Our question is really, are we correct on the above? Does the FTT really have the power (and time) to look at the evidence and make a final determination?

    Do they have powers to demand the removal of the nuisance animal / that the breach of lease be ammended?

    We have found this form to start the process:

    https://www.gov.uk/government/public...e-has-occurred

    Is this the correct place to start? And who do we put as the respondents... the Freeholder? The Owners of the flat? Or their Tenants who own the nuisance dog?

    Any help/guidance much appreciated.

    Thanks!




    #2
    As has been stated in your other thread here, you can only take action against other parties to your lease.

    You cannot get a tribunal to determine whether your neighbours have breached their lease (which is what you are trying to do) unless their lease specifically includes covenants that are with you and not just with the freeholder.

    It is likely that only your freeholder can start legal action to determine whether or not your neighbour is in breach of their lease.

    The only possibility that might let you 'start the ball rolling' (so to speak) is if your lease states that the freeholders have covenanted with you to uphold the terms of the leases against other leaseholders - in which case you could potentially start a case to determine whether or not the freeholder is in breach of their responsibilities under your lease.


    For the other part of your question:
    If you are in England it is now FTT (Property Chamber). In Wales (and I think Scotland - but may be wrong) it is still the LVT.

    Comment


      #3
      As we have stated in the other post - we are all party to the same lease as leaseholders (we all have the same lease). The freeholder has a responsibility to uphold the covenants against all leaseholders... by not upholding the terms of lease against the offending leaseholder the freeholder is in breach of lease. Hence we are applying to the FTT for a breach of covenant that the freeholder has failed to act...

      Comment


        #4
        You have absolutely zero chance of success.

        Comment


          #5
          FYI - we have been to the tribunal before under different circumstances with a previous neighbour/leaseholder in the same block of flats, and the freeholder was found to be in breach of lease for not taking action against previous owners/leaseholders party to the same lease in the building for a previous breach of lease...

          Comment


            #6
            Please explain section20z... the freeholder has already been judged to be in breach of lease by a senior lawyer, so we dont agree.

            Comment


              #7
              Macromia... we are all party to the same lease, and the freeholder has a legal obligation to enforce the covenants against ALL leaseholders.

              Comment


                #8
                Presumably we put the freeholder a the 'respondent' to the FTT and not the leaseholder?

                Comment


                  #9
                  Originally posted by Tw1982 View Post
                  The freeholder has a responsibility to uphold the covenants against all leaseholders... by not upholding the terms of lease against the offending leaseholder the freeholder is in breach of lease. Hence we are applying to the FTT for a breach of covenant that the freeholder has failed to act...
                  What clause / covenant in your lease do you believe the freeholder is in breach of?
                  Please quote the clause / covenant word for word.






                  Originally posted by Tw1982 View Post
                  Please explain section20z... the freeholder has already been judged to be in breach of lease by a senior lawyer, so we dont agree.
                  You have repeatedly said things like this on your other thread, and it has repeatedly been pointed out to you that the lawyers / solicitors that you go to for advice don't "judge", or "determine", whether or not there has been a breach of the lease.
                  All that this senior lawyer has really done is told you that in his (or her) opinion, you might have success in a court or tribunal (and he might have been lying when he told you that because he knows that he will get paid regardless of whether you win or lose).

                  Comment


                    #10
                    You are trying to prove a negative which is impossible.
                    And even if you could prove to FTT that the freeholder has breached the lease (as you claim you have already done in the past) what remedy do you expect against the Freeholder?

                    ​​​​​

                    Comment


                      #11
                      Originally posted by Tw1982 View Post
                      Macromia... we are all party to the same lease, and the freeholder has a legal obligation to enforce the covenants against ALL leaseholders.
                      No they don't.
                      They have the legal right to enforce covenants against individual leaseholders.

                      So far you have given no indication that there is anything in your lease that would obligate the freeholder to take action against one leaseholder because of complaints from another leaseholder.

                      Comment


                        #12
                        Macromia... the lease states "a leaseholder must not permit nuisance pets or other animals". If youd read the previous post youd see we have over 60 videos of the nuisance animal, 100 pages of formal complaints to the managing agent of dog nuisance, sound diaries, video diaries, and medical reports proving the effects the nuisance dog has had on us, and an "opinion" as youve put it from a senior lawyer that we've used before and has won every case we've fought. He is very balanced and very trustworthy and has saved us thousands of pounds over the years.

                        Section20z... the remedy, assuming a breach of covenant would be removal of the nuisance animal as the lease clearly states "no nuisance pets"

                        Comment


                          #13
                          If the freeholder doesnt act after a breach of lease has been proven at the FTT then potentially we can take him to court for breach of contract for not enforcing the terms of lease against the other leaseholders party to the same lease...

                          Comment


                            #14
                            Originally posted by Tw1982 View Post
                            ... the lease states "a leaseholder must not permit nuisance pets or other animals". If youd read the previous post youd see we have over 60 videos of the nuisance animal ...[etc.]
                            That's between the freeholder and the leaseholder.
                            Whatever evidence you have that the dog should be considered a nuisance is irrelevant if your lease doesn't contain something that specifically requires the freeholder to act on any complaints you make against other leaseholders


                            Originally posted by Tw1982 View Post
                            ...and an "opinion" as youve put it from a senior lawyer that we've used before and has won every case we've fought. He is very balanced and very trustworthy and has saved us thousands of pounds over the years.
                            So? It's still just his opinion.

                            Comment


                              #15
                              Originally posted by Tw1982 View Post
                              If the freeholder doesnt act after a breach of lease has been proven at the FTT then potentially we can take him to court for breach of contract for not enforcing the terms of lease against the other leaseholders party to the same lease...
                              Only if the terms of your lease obligate the freeholder to enforce the terms of the lease at your request.

                              Comment

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