Freeholder is in breach of covenant- how to enforce?

[D2eej]

If a freeholder is in breach of his covenants, what is the correct procedure for the Lessee's to take, i.e do we serve some form of notice on him etc etc ??

Many thanks

[jeffrey]

No specific Notice, no. The lessees need to consider appointing a litigation solicitor with a view to threatening Court proceedings, perhaps to seek an Order or Injunction against the lessor. Which covenants are causing the problem? Is it a case of the lessor:
a. not doing what should be done; or
b. doing what should not be done?

[D2eej]

Mostly not doing what he should i.e.

(1) that the Lessee may peaceably and quietly possess and enjoy the Villa during the said term without any lawful intemption from or by the Lessor or any person rightfully claiming through under or in trust for the Lessor

(4) that the Lessor will maintain repair and when necessary renew the water pipes drains and electric cables and wires in under and upon the Development (excluding those sited within the Villa) so enjoyed or used by the Lessee in common ,. as aforesaid

(6) that the Lessor will so far as practicable keep clean and reasonably lighted those parts of the Development so enjoyed or used by the Lessee in common as aforesaid and also so far as practicable keep all the grassed and paved areas of the Development in good repair and condition and keep the grass cut

(7) the Lessor will maintain and keep in good repair the roads footpaths and parking areassituate on the Development and also the road leading'fiom the public highway to the Development specified in Clause 1 of the Second Schedule hereto

1 we have not had peaceably enjoyment of our villas for the last 2 years i.e hassassed,bullied, abused.

4 The power cables that supply 80 of the properties are in need of replacement, he is trying to charge us for the privillage.

6 The areas are poorly let and patio's are in a bad way.

7 Footpaths, roads are in need of resurfacing.

I could go on, but you may get board.

[jeffrey]

Not board; not even bored! Yes, the lessees need to compel the lessor to act.
Alternatively, consider:
a. Right To Manage; or
b. Right To Enfranchise.
These collective steps remove all management from the lessor. RTM leaves the f/r with him; RTE removes that too, but involves a purchase price. Both procedures will necessitate a lessees-owned company (pref. limited by guarantee) and paymment of the lessor's legal fees etc.

[D2eej]

Ahhh Well its been a long day, I do apologise for the spelling mistake, it must be because I feel as stiff as a board LOL.

Just another thing that I have been wandering, can anyone tell if there is such as thing as " closure of lease" ????? and what it is.

[jeffrey]

A lease cannot 'close', but it can be terminated - which is probably what you mean- in various ways:
see http://www.landlordzone.co.uk/forums/showthread.php?t=9841.