Neighbours broke lease

[Hedgemoon]

Our neighbours have broken the lease (share of freehold) and are now looking for planning permission. Had anyone had any luck dealing with someone who has broken the terms of their lease?
They've turned very unpleasant and I haven't wanted to go down the legal avenue yet.

Planning permission is a separate process from lease/covenants. Who holds the lease as they could enforce it.

You can object to a planning application. What is it that they are looking to do, and what specific provision are they in breach of?

Having reread, are they applying for retrospective PP?

It's a retrospective application and the property is share of freehold so we both technically own the lease. They've built an outbuilding which breaks the terms of the lease but I'm not sure if it's a breach to planning permission

If it has no pp then it is in breach, hence the retrospective application. There are specific rules on height, position, size relative to garden before pp is required. How does it breach the lease though?

In respect of the lease, it sounds more like a breach of covenant. It's not unusual for even freehold houses to have a covenant prohibiting outbuildings (and fair grounds and cattle markets!). The problem you have is that a covenant may be disregarded/ disapplied if it is not a reasonable clause. You can state the breach in your submission, but focus on the impact the building has on you - is it on your land, does it block light to your property etc?

Planning permission is an entirely separate issue. Do not confuse the two. You can object to the planning permission but on planning grounds only not on lease conditions.

What lease conditions have they broken? Can you copy the exact wording of the lease? As you are a joint freeholder you can take legal action against the other leaseholder but it is complicated by the fact they are also a joint freeholder. Again you need to separate them out. What does your terms for the freehold say about voting rights and disputes? As if it is just the 2 of you as freeholders you will always be at a stale mate and you may need to go to a tribunal for remedy of this and they can make the determination. Again you need to separate out leaseholders and freeholders. They can be the same person but you can't be both at once. We are the freeholders to a building (me and husband) of flats. We are also leaseholders so we have to abide by the lease and all its covenants. Personally I would be seeking legal advice if they have broken a condition of the lease, but it can be a long journey and also very expensive. What do you feel they have broken? Have they built this building on land demised to their property or communal land?

@Hedgemoon

It's a retrospective application and the property is share of freehold so we both technically own the lease. They've built an outbuilding which breaks the terms of the lease but I'm not sure if it's a breach to planning permission

You need to read up more on freeholders responsibilities. You both don't technically own the lease. You both own the freehold to the property and then you each own your respective leasehold long leases. These are normally identical but over the years things get added and removed on lease extensions etc...... have you got a copy of both of the leases? Is it just the 2 properties that are leasehold? Are there more properties you own the freehold for?

Does it really bother you?
It may be that you can go down a legal route of challenging what they have done, but is it worth it?
Obviously if you hate what they have done and it is impinging on your quality of life, that’s one thing, but you don’t mention that; you mention that they have turned nasty.

Are you interested in pursuing a legal avenue because they are nasty and deserve to be punished? Or because there is an actual problem with what they have done?

@ISBN111

Does it really bother you? It may be that you can go down a legal route of challenging what they have done, but is it worth it? Obviously if you hate what they have done and it is impinging on your quality of life, that’s one thing, but you don’t mention that; you mention that they have turned nasty.

Are you interested in pursuing a legal avenue because they are nasty and deserve to be punished? Or because there is an actual problem with what they have done?

Op will have difficulty selling her property if there are unresolved breaches of the lease. The integrity of the building can be compromised which is why there are protocols for appointing a surveyor to ensure safety and lease compliance.

Thanks for the advice.

They have definitely broken the lease (I have copies of both) and while it doesn't impact me every day it definitely impacts my access to the property. I wouldn't do anything legal to simply be difficult.

If it's a case of an expensive and long process I may just have to live with what they've done - which feels really unfair.

It is really hard to advice you without knowing what lease conditions have been broken and where they have built. I would take legal advice from a property solicitor who specialises in leasehold disputes and go from there.

*advise

How is the freehold managed between you? Do you have a company set up? What does the lease say about asking each other for permission to change the lease? What does it say about resolving disputes?

You need to follow what your head lease says in the first instance. If you are not happy you shouldn't just lie down.

An outbuilding should fall under permitted development so they shouldn’t ordinarily need planning permission for it.

Are you concerned about this outbuilding blocking your right of access? If so you would need to challenge it through legal route, not planning, but it would be better to come to an amicable compromise, with an alternative site for it or different access (with potential cost to amend deeds)

Hey Hedgemoon, I read this with interest because I am in a similar situation and I dont know what to do. I am a joint freeholder and an outbuilding/massive fence is blocking my right of way. I have thought about the legal route but think that I will just end up losing money. What you do?

What do you mean by “broke lease”? Do you mean they broke the terms of a restrictive covenant? Also does what they did require planning permission? Does it directly affect your property e.g. prevent access? People can’t help you unless these kind of details

You say they’re applying for restrospective PP but you’re not sure if they need PP. What is the nature of the structure? And what specifically does the covenant say?

Hey,

We both have this clause 3G-Not to make any structural alterations or structural additions to the flat nor to erect any new buildings there on or remove any of the landlord fixtures without the previous consent of the lessor.

However, the other joint freeholders said they did not need permission as the outbuilding (ie summerhouse) is a temporary structure. They applied for retrospective planning permission and although I objected the Council still approved, so with planning permission the outbuilding can be there indefinitely. We are just two flats in one building (with leases and are joint freeholders) and it’s difficult for me to get access to the back of the house due to outbuilding. My key question is about whether it is a temporary structure?

Thank you