Lease covenants breaches by the Landlord

by Readers Question

11:54 AM, 16th July 2019
About 5 months ago

Lease covenants breaches by the Landlord

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Lease covenants breaches by the Landlord

The freeholder of this residential block of 8 flats over commercial units (that exceeds 25% rules) have breached their covenants many times.

The freeholders have given a long lease to their own LTD X (same shareholders) for the residential site of 8 flats and a court yard for parking.

5 of these flats have now been sold without any car parking and 3 remained in the LTD X name. This LTD X has let their own 3 flats on HMO basis, contrary to the lease that prohibits HMOs. There are also many other breaches. The court yard which is defined in the lease as a residential car park is being used commercially with heavy lorries moving in and out.

The managing agents chosen by the freeholders and together are frightening to deal with. They have now demanded substantial sums of money from all the lessees to repair the roof etc. and despite our many objections are pushing forward.

Is there any one that can assist?

Cy



Comments

Neil Patterson

12:00 PM, 16th July 2019
About 5 months ago

Hi Cy,

If you can get the majority of leaseholders together you can try to force taking over the management yourselves.

The government reference site "Leasehold Advisory Service" has the most helpful reference material and also I believe a panel of lawyers that can also help with the breaches.

Please see >> https://www.lease-advice.org/

Ian Narbeth

12:58 PM, 16th July 2019
About 5 months ago

Hi Cy
If you contact me (Google my name) I may be able to assist.


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