Direct deed of Covenant

  • Filter
  • Time
  • Show
Clear All
new posts

    Direct deed of Covenant

    Hi there,
    I am a tenant freeholder in a Victorian property of 2 x maisonettes.
    The other freeholder has let his property under a local authority “private rental scheme” which includes a free of charge tenancy agreement.
    The problem arising from this is the tenancy agreement appears incongruous with the head lease, namely, no mention of illegal or immoral activity, which we have seen happening surreptitiously from his current tenant and/or their visitors.
    The head lease does state that where the property is under let in excess of 12 months (Landlord has disclosed 24 month agreement) the tenant will provide a direct deed of covenant with the freeholder to abide by the terms as stated in the head lease.
    Since this clearly has not happened, and the Landlord who lets his property has refused to disclose a copy of the tenancy agreement to me, can I take legal action, as one Leaseholder against the other, for a breach of lease?
    Every time I have tried to communicate with him regarding this matter he suggests I provide formal concrete evidence (which would implicate me to his tenant) whilst having already suggested I should be fearful of repercussions.
    The local authority have been incredibly unhelpful towards us, even suggesting that they don’t require any freeholder consent (in stark contrast to their online information) and have even claimed that there is no agreement between the Landlord and themselves! Having worked with a local authority for decades I know this would never be the case as their accounts are open to public scrutiny.
    Even the police, who have visited several times during this tenancy against never in the past 20+ years, are unwilling to take any action.

    My main bone of contention is that this happened with his very first tenant (this is the twelfth) who was also a “council” tenant, so I believe he has been negligent by ensuring his property is let, against the interests of the other freeholder.

    Should I get a solicitor to request a copy of the tenancy agreement or just go straight to the tribunal?
    He has refused to meet up to discuss this citing harassment!!

    Advice greatly appreciated

    Anyone able to respond on this matter? The tenancy is about to reach two years and if we don’t take action we believe that may be regarded as a waiver


      Speak to a solicitor as disputes between freeholders can be complicated.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


        Thanks JP
        i was really trying to get a handle on the breach of lease issue as the other freeholder is also a lessee so surely has to be bound by the covenants in the lease? I spoke with the gov dept (Lease) who declared it a stalemate but have read somewhere that the other freeholder can be added as a (defendant) party to proceedings if they refuse to cooperate. My concern is that by not taking action it could be deemed an effective breach waiver although a new tenancy should give rise to a new cause of action. The original solicitor who drew up the deed of variation (both leases were extended when we purchased freehold) has sadly passed away and we subsequently discovered was also under investigation for malpractice which doesn’t help.


        Latest Activity


        • Service charge risk for leaseholder in partially unsold property?
          by michael_bates

          I am in the process of buying a leasehold apartment in a newly completed block of 32 residential flats plus one commercial space. None of the properties are sold yet as the object has just come on the market, after the developer went bust and receivers were instructed to sell the...
          29-07-2021, 22:13 PM
        • Accounting for RMC
          by SHill
          Would anyone be able to advise if a RMC can raise sales invoices to Directors, for property expenses that relate to their leasehold properties. The sales invoices raise are itemised in the Notes to the service charges at. 4. Transactions with Directors and 5. Related party transactions
          09-02-2021, 22:41 PM
        • Reply to Accounting for RMC
          by SHill
          The Accountant said in an email....

          " I also note you have placed yourself as the person(s) of significant control at Companies House and this is also incorrect."

          Is he correct?...
          29-07-2021, 22:05 PM
        • Reply to Accounting for RMC
          by SHill
          Another response from Accountant

          "I refer to your email below. I am afraid you are wrong in your analysis of the situation in some respects below. I have checked the position with the ICAEW myself, and we went through our rule book on the handover of information and they drew my...
          29-07-2021, 16:37 PM
        • Building damage?
          by lampshade
          I have noticed that one of the 3 blocks has some studs hammered into the brickwork in one corner. There are also cracks running down the bricks. I am guessing that these studs are markers made by an engineer at some point, suggesting a structural issue maybe.
          In the event that any further opening...
          29-07-2021, 11:11 AM
        • Reply to Building damage?
          by ram
          Not to put a damper on things, but insurance is for accidents / unforseen occurences / trees falling on building / cars.- etc

          Insurance does not cover for deliberate acts which caused a fault.
          Thats why why drill round holes in bricks, put a plug in it then screw though the plug.
          29-07-2021, 13:05 PM
        • Reply to Building damage?
          by lampshade
          Within the service charge there is of course a charge for Insurance. Presume if any work ever needs doing it would come from that Insurance policy? And then possibly an increase in future Insurance cost
          29-07-2021, 12:33 PM
        • Reply to MOA states the directors can appoint a chairman for meetings
          by Starlane
          Yes Eagle2 that is my concern, that we have directors who are self interested ( what a surprise NOT at my block), they are in breach of the lease themselves (what a surprise NOT at my block), I also believe there has been collusive fraud going on regarding hidden insurance commission and a directors...
          29-07-2021, 12:32 PM
        • MOA states the directors can appoint a chairman for meetings
          by Starlane
          Hiya I am not sure if I should post this here or is there a company/corporate forum I should be posting on ?

          My question is regarding members meetings and voting as I always thought that only members can attend members meetings as they hold a share which gives the member the ability to...
          28-07-2021, 14:22 PM
        • Reply to Building damage?
          by ash72
          It would only be an insurance issue if the freeholder has an adequate policy covering it. The best thing is for the freeholder or managing agent to instruct an engineer who will put movement detectors on the property and see if there is any movement. It could be historical.

          All leaseholders...
          29-07-2021, 11:33 AM