Covenant breaches but no freeholder action

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    Covenant breaches but no freeholder action

    Hi all.

    A new-ish (last 9 months) neighbour is busy breaking several covenants of the lease (pets, adding aerials to the outside of the building, parking scooters in the back garden, dumping old fridges down the side of the house, etc). We have recently mentioned this to the freeholder and managing agent, but nothing has happened so far. The new neighbour happens to be good friends with the freeholder, so I don't know whether this impacts the situation.

    If the freeholder doesn't do anything to prevent these breaches, do the other leaseholders have any options? Our leases seem to put an obligation on the freeholder to enforce the convenants, so I presume so?

    Thanks as always for your help.

    #2
    Originally posted by leysjeh View Post
    Hi all.

    A new-ish (last 9 months) neighbour is busy breaking several covenants of the lease (pets, adding aerials to the outside of the building, parking scooters in the back garden, dumping old fridges down the side of the house, etc). We have recently mentioned this to the freeholder and managing agent, but nothing has happened so far. The new neighbour happens to be good friends with the freeholder, so I don't know whether this impacts the situation.

    If the freeholder doesn't do anything to prevent these breaches, do the other leaseholders have any options? Our leases seem to put an obligation on the freeholder to enforce the convenants, so I presume so?

    Thanks as always for your help.
    Yes. If L has covenanted to enforce (at cost of complaining T), simply tell L that you want him to enforce.
    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).

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