Breach of lease by not maintaining interior of flat ?

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    Breach of lease by not maintaining interior of flat ?

    Most long leases include a covenant to maintain the interior,
    because as we all know, that at the end of the lease, the
    flat has to be given back to the freeholder, for no payment
    for the flat.

    Question is :-
    I assume the following covenant applies only to the base
    interior, but does not include decoration, such as paint,
    wallpaper, etc, although condition is that it requires a
    complete strip and repaint / wallpaper.

    Covenant :-
    From time to time, and at all times during the said term,
    well and substantially to repair, cleanse, maintain, and keep
    well and substantially to repaied, cleansed, and maintained
    the interior of the demised premises, including plastering,
    flooring, ceilings and lessors fixings ..............................
    Including windows, frames cisterns and sanitary fittings
    properly repaired, renewed and maintained
    .

    So, can we only insist that in reality, only a bare shell as
    one would see in a new build could be insisted on, and not
    the state of bad paintwork, or peeling wallpaper. ?

    Although, bad decayed / lose plaster is seen on many a
    window frame, skirting board, uneven wallpaper that indicates plaster problems behind, assumption is that we can only insist
    on the plasterwork be put right and not the internal
    decoration ( paint and wallpaper problems )
    although wallpaper should be removed to assertain the
    condition of the plaster. Could we insist on this too ?

    R.a.M.

    #2
    In theory you can insist on full compliance to the lease.

    But if you are the management company, you would stick to managing the communal areas and keeping the hallways and flat entrance door in good decorative order. Also keeping the mortar in external brickwork well pointed to stop water ingress.

    Comment


      #3
      Originally posted by Gordon999 View Post
      In theory you can insist on full compliance to the lease.

      you would stick to managing the communal areas .
      Communal areas ARE looked after, but question not answered

      Maintaining interior of flat would not include painting and wallpaper ?
      according to the covenant above ?

      R.a.M.

      Comment


        #4
        Originally posted by ram View Post
        Maintaining interior of flat would not include painting and wallpaper ?
        according to the covenant above ?
        Only if it is required to meet the covenant which is does in the general statement of
        maintain, and keep
        well and substantially to repaired, cleansed, and maintained
        the interior of the demised premises
        However as Gordon sais it may be a strict breach of the lease but they would claim relief under the 38 Act and likely tell you to £$%^ off.
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          Originally posted by leaseholdanswers View Post
          Only if it is required to meet the covenant which IT does in the general statement
          in this instance, and I can't go into it here, but relief would not be sought.

          Comment


            #6
            Originally posted by ram View Post
            in this instance, and I can't go into it here, but relief would not be sought.
            Quite often a lease will give you the right to do any decorating required and get the leaseholder to pay.

            Unless the lease is coming to an end though I think the reasonable approach would be to let leaseholder live how they want and deliberately not notice the state of decor.
            I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

            Comment


              #7
              Originally posted by siva View Post
              I think the reasonable approach would be to let leaseholder
              live how they want and deliberately not notice the state of decor.
              That is not the problem, but as I say, cannot state full facts here.

              But thank you for your replies.

              R.a.M.

              Comment

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