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View Full Version : Neighbouring flat's lessee in breach of lease covenants



patriciaclare
04-03-2008, 18:04 PM
Hi All,
I just wondered What steps could be taken (if any) against an occupier who owns their flat, but is contravening some of the rules set down in the covenant. My neighbour seems to think that because he "owns" the flat, that these rules do not apply to him. I must say I have difficulty imagining just how the covenant can be enforced. :confused:
Thanks in advance

jeffrey
05-03-2008, 09:13 AM
1. In E&W, the flat is almost certainly leasehold.
2. The lessee (T) is bound by the covenants (positive and restrictive) in the lease.
3. Only the lessor (L), as reversioner- e.g. landlord or freeholder, can enforce them
4. Many modern leases allow complaining T to compel L to enforce against offending T. Is there a covenant by L, in your own lease, obliging L so to enforce?

patriciaclare
05-03-2008, 18:13 PM
Thank you very much for your response.
I will look up my lease, and see what it says.
Thanks again.