Direct deed of Covenant

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    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.


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