Question about lease conditions

Hoploz

I think she needs to ask her solicitor to find out for sure a couple of things -

Who owns the freehold? (a remote company who are never going to be interested) or a collective of directors who are other residents (would she have the opportunity to join the board and also have a say)

Whether the garden and wall are under her sole lease or considered to be communal.

NeilCr

stardust09 wrote: »

Thanks, Neil, you've been really helpful. Is it usual for Directors to be living on the development? Or when you say 'knocking on my door' are you being metaphorical?!

It sounds like as long as my sister's upstairs neighbours aren't bothered about any washing line then there might not be any issues anyway? They are the only ones who might know it's there. Is there any way that written permission can be used to override this condition of the lease at the time or purchase or is it set in stone.

Also, does the Lessor every really enter a property to inspect it as a routine matter (as specified in the lease) or do they usually leave the tenant to live there uninterupted unless there is a cause for concern?

Leasehold is a minefield!

As Adrian says in the situation we are in (company owned by residents) yes. The majority of our directors do - a couple are landlords and live away.

Yep. They knock on your door. However much you direct them towards the management company the fact that they see you around means that they see you as fair game. Some even think we are paid!. It's not much of an issue here to be honest. The estate is in good nick and the management company, while very slow, do get things done in the end!

I am not legally minded but, I think(!), we'd need everyone on the estate to agree for a covenant to be removed. It's worth remembering that people see things in different ways. Some folks buy a property (to an extent) because of the covenants. They don't want to be surrounded by commercial vehicles, Sky dishes, washing everywhere etc and get upset if they aren't followed.

The washing lines are a good example. An earlier poster couldn't see a problem. I'm not bothered as long as they aren't hugely intrusive, my resident hated them. It's not always logical!

I don't think you could get written permission to override a covenant. Personally, I'd be highly surprised if your sister had any problems from what you have said. Like others I'm vaguely bemused by the hosepipe one. The vast majority of our residents aren't that bothered by things unless they affect them. The biggest issue we have from residents is parking

One of our covenants is that the inside of all our properties have to be redecorated every five years. There is no way I, or any of the other directors, am going to knock on doors to check this.

I'm sure your sister will be fine. I do think covenants come as a huge surprise if you haven't encountered them before. I know I was rather taken aback!

stardust09

Hoploz wrote: »

I think she needs to ask her solicitor to find out for sure a couple of things -

Who owns the freehold? (a remote company who are never going to be interested) or a collective of directors who are other residents (would she have the opportunity to join the board and also have a say)

Whether the garden and wall are under her sole lease or considered to be communal.

The garden is definitely under her sole lease (it's marked as part of the demised premises on the plan). The walls are backing onto neighbouring gardens which are not part of the development.

The management company is one that was set up for that particular development of 12 flats and has a local address. The Landlord is listed as the Development Company (also local) and the Management company is listed as a tenant, along with the current owner.

The solicitor will have to clarify if she can paint the garden wall. The lease says that she must keep the garden tidy, well tended and free of rubbish, so potentially covers this as long as it's allowed.

Thank you to everyone for your incredibly helpful replies. I really appreciate it.

:T

bouicca21

My neighbour doesn't use a washing line - just hangs it out on an airer which goes back inside as soon as the washing is dry. I doubt many people even see what is happening and they certainly don't complain. They are more vociferous (behind his back) about the noisy dog and obstructive parking.

Marvel1

If there are any lease conditions I wouldn't bother and would look for treetops instead.

stardust09

cjdavies wrote: »

If there are any lease conditions I wouldn't bother and would look for treetops instead.

I think getting planning permission for a treehouse would be far more complex than a lease! That's a bit of a dead wood answer.

:rotfl: