Enfranchising house; L won't enforce covenants against others

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    Enfranchising house; L won't enforce covenants against others

    I’m currently in the process of obtaining the Freehold Reversion of my house. The Lessor is refusing to enforce breaches of the covenants affecting the estate of which I will continue to have an interest in.

    Reasons given as:

    a. The breach was in affect before my tenancy began.
    b. The breach was supposedly instigated by the original developer (2000)
    c. Verbal amendments to the covenants were made following a majority
    vote at a Residents meeting.


    1. Are the covenants still binding or do reasons a. b. and c. affect my rights.

    2. Am I better dealing with the matter pre or post F/R?


    Thanks in advance

    #2
    A. Does your lease contain a lessor's covenant to enforce covenants against other lessees?
    B. Their covenants cannot be amended by a vote, only by Deed.
    C. Anyway, covenant breaches less than twelve years ago are still actionable unless:
    a. they relate to rent [six years limit];or
    b. L is barred from enforcement by laches [look it up!], estoppel [ditto], or s.45(2) of the Law of Property Act 1925.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Originally posted by jeffrey View Post
      A. Does your lease contain a lessor's covenant to enforce covenants against other lessees?
      B. Their covenants cannot be amended by a vote, only by Deed.
      C. Anyway, covenant breaches less than twelve years ago are still actionable unless:
      a. they relate to rent [six years limit];or
      b. L is barred from enforcement by laches [look it up!], estoppel [ditto], or s.45(2) of the Law of Property Act 1925.
      A. Is this the Lessors covenant

      5.7 At the Tenant’s request, and on the following terms, to enforce the obligations undertaken in their respective leases by tenants of other parts of the building. The Tenant must:
      (i) meet all expenses and
      (ii) comply in advance with the Landlord’s reasonable requirements as to payments on account and/or giving security for payment.

      C. Does this also apply to easements?

      b. After careful reading I don’t think laches, estoppels or s.45 (2) apply?

      Thanks Jeffrey

      Comment


        #4
        A. Yes, that's the clause. It covers all T's obligations: covenants stated as such plus those associated with easements (e.g. not to obstruct).
        C. Subject to time limits and the three cases that I instanced, L can enforce if there is a subsisting breach of covenant by any T.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Thank you very much Jeffrey.

          Comment

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