PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
Management Enquiry Failed to Spot Covenant Breach

thequant
Posts: 1,220 Forumite
I bought a property earlier in the year and the management company enquiries didn't raise any issues.
However after moving in, they then told me the windows breached the covenant and they need rectifying.
My questions are
1) Do I have any legal redress, that they failed to answer the management enquires correctly.
2) The windows are extremely old, in excess of 12 years, so will be protected by the limitation act anyway ?
However after moving in, they then told me the windows breached the covenant and they need rectifying.
My questions are
1) Do I have any legal redress, that they failed to answer the management enquires correctly.
2) The windows are extremely old, in excess of 12 years, so will be protected by the limitation act anyway ?
0
Comments
-
It depends on exactly what the Management Company was asked doesn't it?
Were they asked 'Are you aware of any breach of covenants?' in which case they haven't failed to answer correctly.
In English law it is up to you to ensure you are satisfied prior to proceeding. Your Solicitor would have been provided with a copy of the Lease which should have also been provided to you prior to exchange. It should have been thoroughly read any queries raised prior.
By breach of covenant do they mean there was a covenant requiring the management company's consent to change windows or that the replacement windows are not in keeping with the original installation?
If the former, why did you or your Solicitor not read the Lease and accordingly require sight of the MC's consent prior to exchanging?
Or if the latter, did you not notice the windows were not in keeping with others on the development during viewing?0 -
It depends on exactly what the Management Company was asked doesn't it?
Were they asked 'Are you aware of any breach of covenants?' in which case they haven't failed to answer correctly.
In English law it is up to you to ensure you are satisfied prior to proceeding. Your Solicitor would have been provided with a copy of the Lease which should have also been provided to you prior to exchange. It should have been thoroughly read any queries raised prior.
By breach of covenant do they mean there was a covenant requiring the management company's consent to change windows or that the replacement windows are not in keeping with the original installation?
If the former, why did you or your Solicitor not read the Lease and accordingly require sight of the MC's consent prior to exchanging?
Or if the latter, did you not notice the windows were not in keeping with others on the development during viewing?
The windows are apparently not in keeping with the original installation. Although it has taken them about 15 years to spot that!
Also the property is freehold but on managed communal land0 -
Freehold but on comunal land ?.
Do you mean that your property is a freehold property and that the grounds beyond your walls are communal ?.Never Knowingly Understood.
Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)
3-6 month EF £0/£3600 (that's 0 days worth)0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 348.2K Banking & Borrowing
- 252.1K Reduce Debt & Boost Income
- 452.3K Spending & Discounts
- 240.7K Work, Benefits & Business
- 617K Mortgages, Homes & Bills
- 175.6K Life & Family
- 253.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards