Enforcing lease covenant

[PiaC]

Hi all,

anyone in a freehold/leasehold situation be able to advise what is the process to enforce a lease covenant. We live in a maisonette and our neighbour downstairs constantly plays extremely loud music. We've tried going down the council route but then stopped. We've got a specific covenant relating to loud music in our lease and we would like to at least explore what this option entails.

Many thanks,
Pia

Your freeholder is responsible for upholding the conditions of the lease. If you’ve advised them of the problem then they should be investigating and, if they agree that the noise is in breach, taking steps to warn the leaseholder that their behaviour ultimately risks forfeiture of the lease.

@ComtesseDeSpair

Your freeholder is responsible for upholding the conditions of the lease. If you’ve advised them of the problem then they should be investigating and, if they agree that the noise is in breach, taking steps to warn the leaseholder that their behaviour ultimately risks forfeiture of the lease.

Hi @ComtesseDeSpair forgot to mention that both flats own 50% of the freehold - does that make it tricky as there is no majority?

You're better off picking up with the council again. If it were a flat in a large block, you could probably get the managing agents to do some of the legwork of complaining but it's tricky if you both own the freehold.

There's virtually zero likelihood you'd ever get forfeiture of a resi lease on moose grounds so you'll just end up spending lots of money for nothing.

@GU24Mum

You're better off picking up with the council again. If it were a flat in a large block, you could probably get the managing agents to do some of the legwork of complaining but it's tricky if you both own the freehold.

There's virtually zero likelihood you'd ever get forfeiture of a resi lease on moose grounds so you'll just end up spending lots of money for nothing.

We would probably the Council again but that might take some time. Problem is she stops for a few weeks/months and then it all starts again. There must be some recourse legal or otherwise though for breaching lease covenants even where both parties hold 50% share of the freehold - I would think there are there for a reason!

@PiaC - the lease does set out covenants but things like general noise are really hard to enforce anywhere. As it's just you and the other flat, there isn't a management company to try to get involved.

It's not really any different from if it was two terraced houses without the lease being in place - you've got to try and enforce the noise reduction which is hard.

Other than complaining (directly and in writing) about the breach, the remedy under the lease ultimately is forfeiture where the lease is effectively cancelled. That's not really going to work where you and the other person share the freehold as he/she wouldn't go along with it. Even if it were you owning the freehold for both flats, forfeiture is typically referred to by courts as a "draconian remedy" and it would be completely disproportionate to the breach taking place Forfeiture of resi leases is rarely used but it would be more for where there are completely absent owners who have years of service charge arrears, not an owner who is noisy.

This isn't meant to be unhelpful, just realistic. That's why I suggested the council process. However flawed and slow that is, it really is the best bet.