Breach of Covenants

[richtyacke]

I have a query similar to patriciaclare; if I own a leasehold and I am subjected to excessive noise from another flat, also owned as a leasehold, which is in breach of express covenants within the lease and I complain to the lessor, who in accordance with another covenant is obliged to enforce the covenants if requested by a lessee. If the lessor refuses to enforce the covenants, perhaps because of the delicate nature of the excessive noise and breach can be established what remedies do I have available both against the other leaseholder and the freeholder for their breaches?

Any information would be gratefully received!!

Thanks

[moocow]

i believe you need to pursue the freeholder through the county court for something like a notice to comply.

have you spoken to environmental health about the noise problems? have you spoken to the other leaseholder?

[richtyacke]

Yes, unfortunately the council argue that the nature of the noise doesn't fall under the scope of the legislation they enforce. I disagreed as i'm well versed in the legislation and at no point does it reference the type of noise they will enforce but they still refused to act.

We've attempted communication several times to no effect on the noise maker but the freeholder is refusing to enforce the covenants and as it stands at the moment they're unwilling to pay to have the acoustic proofing independently checked.

I'm confident I can prove breach on both thier parts but i'm not up to speed on my land law so i'm not sure whether i can go for rescission of a leasehold, because the breach makes it even more difficult to sell my flat in the current market (which is essentially what the noise is making me do). As such I stand to lose a good deal of money essentially due to the other two parties breach!

[jeffrey]

Council are confusing:
a. anti-noise legislation; and
b. leasehold covenants enforcement.
You need to compel Council (as lessors, NOT as local authority) to enforce offending lessee's covenants.

[richtyacke]

Sorry i don't think I was clear, when i say council i was refering to their environmental health department, the lessors are actually the builders of the flats not the council.

[jeffrey]

OK, but you still need to compel the builders of the flats, as lessors, to enforce offending lessee's covenants. That is - or should be - your entitlement in black-and-white in the lease. The Council are probably a lost cause!