Clauses,covenants And Lease Ext's

wavefinder

hi, being the freeholder of my property,have agreed terms to extend lease with leaseholder of adjoining flat.now,have received letter from their solic, in quite strong terms telling me to remove clause about no children or no extension! apparently these clauses have been in lease for years. thay are citing these wouldn't stand in a court of law! also stated that the leaseholder bought the flat off previous owners who had themselves 2 children! previous owners turned up with 1 child. a dog and 3 cats! to live in a 2 bed flat! with a shared garden! because of the noise from 2 kids constantly running up and down on laminate flooring i consider it to be not suitable for children. i just want to protect my own interests. it seems to me that i am being forced into agreeing to somrthing that i do not want! my solic came with the mortgage and frankly,i find her hopeless! quite like a drone and nothing forthcoming when you have a phone conversation! would appreciate your op's or comments on your experiences in similar. thanx.

cattie

I'm quite surprised & shocked that a lease would contain a clause forbidding children & can't see that enforcement would stand up in a court of law. Procreation is a natural process & as long as you have a human being living in the property, there is always a strong chance that children will arrive at some point, even if having children is not part of their plan, as accidents do happen.

It's perfectly acceptable to say no extensions & as leaseholders are legally bound to get freeholder's permission to extend property anyway, you will always retain the ability to say yeah or nay.

Go here for impartial advice on all aspects of owning leasehold residential property. It's a government funded agency & a valuable resource. http://www.lease-advice.org/newintro.htm