Breaches of the Land Registry’s Charges Register?

Breaches of the Land Registry’s Charges Register?

10:44 AM, 16th November 2022, About 2 months ago 5

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Hello, I’m looking for some help, please.

One of my rental properties is an ex-local authority terrace. The immediate neighbour of my property has not maintained his house or garden since he bought it in 2004. Trees are higher than telegraph wires, ivy has overtaken his garden and I can’t maintain some parts of my property or its boundaries due to this person’s wilful neglect.

In the Deeds, Clause 2 says it is to be used as a private dwelling house….’nor do to or suffer to be done in upon or to the property any act or thing which shall or may be or become a nuisance or annoyance to the Corporation or any person or persons for the time being owning or occupying any adjoining or neighbouring property’.

The landlord lives remote from the property, doesn’t visit it and lets it to students ‘on the cheap’. They have no garden implements supplied to them apart from a blunt pair of shears.

I have sent photos every year to this errant landlord. Always the same excuse: I am ill, I can’t get there, I’ll see to it…bla, bla, bla. He doesn’t – he hasn’t made one improvement since 2004. The house’s EPC expired years ago.

How do I enforce this Clause 2?

NB: I’ve tried looking on the Land Registry website – but the link appears to be broken.

Thank you,

Lord



Comments

Jerry stone

11:36 AM, 16th November 2022, About 2 months ago

Easiest way is to complain to the Council Planning department.
It's covered by two pieces of legislation.

High hedges and Section 215 untidy land.

You cannot enforce a covenant unless you are the beneficiary of that covenant.

Get the Council to deal with it:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/11491/319798.pdf

David Houghton

11:36 AM, 16th November 2022, About 2 months ago

Trim to your border. If his tenants allow it trim their garden too. It will be less stress and a lot cheaper

Darren Peters

14:23 PM, 16th November 2022, About 2 months ago

Just a couple of thoughts - if your neighbour's property is also ex-local authority then it may be a long lease with the council as Freeholder. If so, as well as contacting your council's planning dept, contact their Leasehold services.

Also, how many students exactly? He might need an HMO licence. If so, and he doesn't have one you can make his life an absolute misery by letting the council HMO department know how many people are living there.

David

17:55 PM, 16th November 2022, About 2 months ago

If he's that lax, there are almost certainly many things that you could report him to the Council/trading standards for - No EPC, possibly no HMO licence, possibly no EICR or GSC. Up to you if you want to go that far.

Pete England - PaTMa Property Management

15:27 PM, 17th November 2022, About 2 months ago

I would be inclined to go around yourself and ask tenants for access. And do what is needed to maintain your property . It doesn’t look that big a job.

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