Covenants

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  • Covenants

    We own a downstairs flat with a Newcastle lease (also known as flip/flop).

    The deeds state:

    The Leesee hereby covenants with the Lessor as follows:-

    to keep the Demised Premises in good tenantable repair and condition throughtout the term and if necessary to rebuild any parts that require to be rebuilt and not to make any structual additions or alterations except with the consent in writing of the Lessor (such consent should not be reasonably withheld) and to yield up the same in such repair and condition on the determination of the term hereby granted


    If all the copper pipework and hot water storage cylinder have been removed, can we force the leaseholder to replace these items as it is not in good tenantable repair and condition?

    The deeds also say:

    To ensure that the Demised Premises are insured at all times throughout the term in the joint names of the Lessor and the Lessee (and any mortgagee) against loss or damage by fire flood and other risks.......

    Does this mean we have to insure our flat with the same company as the owner of the upstairs flat?

    TIA

    Mr/MrsLandlord

  • #2
    As long as the water heater and plumbing have been replaced with an a adequate substitute then there is no breach other than not obtaining prior consent, which you could not really withhold.

    it is there choice who trio insure with but the policy must be held in their and your name.

    You might agree to get a joint policy for both flats and save money but they are not obliged to do so.
    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


    • #3
      Leaseholdanswers

      Thanks for a prompt reply, hot water cylinder and copper pipework was stolen from the flat above ours, we suffered obvious water damage, claimed from our own insurance with £350 excess and carpet/underlay had to be thrown out, we don't have contents insurance so we will have to replace the carpet/underlay from our own pocket.

      We have several issues re the covenants attached to the lease, if we can force leaseholder to replace copper pipework and cylinder that may give us some leverage to address other problems caused by lack of maintenance by owner of upstairs.

      Thanks again

      Mr/MrsLandlord

      Comment

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        Doback
        Thanks for your replies.

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        MrSoffit
        Hi again,

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      • Reply to E&M Proxima GR - 'Administrative Fee' Request
        Doback
        As the current freeholder is not the vendor would this mean that the clause doesn't apply to them?


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        MrSoffit
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