Breach of lease - leaseholder with share of freehold

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    Breach of lease - leaseholder with share of freehold

    Hello, I own a flat in a large Victorian house. 5 flats in building. Owner of garden flat has built a large outbuilding in back garden - it's effectively a studio unit. This is in clear breach of the lease, which forbids the erection of buildings, etc.

    A company owns the freehold title. I am a shareholder and director of that company.

    Please can you advise who can bring an action to seek disassembly of the building or claim damages? Do I (as a leaseholder) have standing to enforce the lease? Or do I need to force the company who owns the freehold to enforce the lease? Do I have the right to demand that the company acts to enforce the lease or do I need to obtain the permission of the other leaseholders (i.e., the other members/directors of the company).

    I look forward to hearing your thoughts and advice on this matter.

    #2
    First of all, the outbuilding requires planning consent as it is within the curtilage of flats, did the owner of the garden flat seek planning consent fo this? That would be one of my first points of call on this matter.

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      #3
      It would be the freeholder company which has the right to take legal action about a breach of a lease condition, although it would be the local planning authority that would need to take action for a breach of planning control, if a formal planning application was not made and approved.

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        #4
        As always, check the wording of your lease but it usually states that you can ask the freeholder to enforce the covenants of the tease although you may be required to indenify the freeholder and provide a security against the costs involved.

        I agree with the above comments, you should contact the local council regarding planning consent.

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          #5
          Originally posted by jazzythumper View Post
          First of all, the outbuilding requires planning consent as it is within the curtilage of flats, did the owner of the garden flat seek planning consent fo this? That would be one of my first points of call on this matter.
          Good point. This is how the issue has arisen. The Council alerted me to it. No planning permission was obtained. And it's in a Conservation Area! Blatant disregard for the lease and planning requirements!! They're applying for retrospective planning permission, which I'm challenging. Separately, I want to challenge based on the breach of lease.

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            #6
            Originally posted by eagle2 View Post
            As always, check the wording of your lease but it usually states that you can ask the freeholder to enforce the covenants of the tease although you may be required to indenify the freeholder and provide a security against the costs involved.

            I agree with the above comments, you should contact the local council regarding planning consent.
            Thank you.

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