Breach of Covenant

Flat owners breaching their leases

A flat owner may breach their lease (breach of covenant) by not paying the ground rent or service charge. However in addition to ground rent and service charge payment, leases contain many clauses about how the flat owner must behave. They may or may not be allowed to keep pets. They may or may not be prohibited from playing music after a certain time at night. They may not be allowed to sub tenant the flat. There are also clauses about who is responsible to repair what part of the property. There are many such clauses in leases and each lease is different.

If you are a freeholder or a management company you may receive complaints from other flat owners and want to know if there is any action you can take to stop the flat owner who is at fault from continuing to breach the lease and annoying the other residents. As another example in cases concerning disrepair, you may want to know who is responsible to repair part of the flat or building and who is liable to pay for it.

If you are an innocent flat owner you may want advice on whether there is anything you can do to force the freeholder or management company to act or indeed anything you can do yourself to stop another flat owner being a nuisance. As another example you may be asked to pay for the costs of a repair and you may want advise whether you have to pay.

Whether you are a freeholder, management company or flat owner who is faced with a case where a lease term may be being breached please contact us and we will be happy to give you our expert advice on your particular situation