Mutual Covenant meaning

EuroPean

Hi,

Not sure if this is the right place to post this but I am interested in the meaning of Mutual Covenant in relation to leasehold properties/agreements?

Thanks in advance!

EuroPean

davidmcn

Is there any context? I would expect it just refers to rights which the leaseholders can enforce against each other e.g. you can access my property where necessary for maintenance of yours, and I can access your property where necessary for maintenance of mine.

eddddy

It usually means that all leases contain the same covenants (e.g. no subletting, carpets must be laid), and there is a way of one leaseholder enforcing covenants on another leaseholder.

For example, if a leaseholder is sublettling, and the lease doesn't allow it, another leaseholder has a route for enforcing that rule.

EuroPean

Thanks all for your replies!

To try and put this into context I live in a small block of flats and reviewing my agreement (I'm a leaseholder) in conjunction with the landlord who I am questioning for responsibility of services delivered through the Service Charge. One of the points in the mutual covenant relates to gardening areas as well as obvious ones like not subletting, making noise past 11pm etc etc

So really wanted to confirm who is responsible for managing a gardening area that isn't my actual back garden but an open area in front of my flat that I am the leaseholder of, them or me? < I think I know the answer but wanted to be sure.

hope that additional context makes things clearer!

davidmcn

EuroPean wrote: »

a gardening area that isn't my actual back garden but an open area in front of my flat that I am the leaseholder of, them or me?

Is anyone else the leaseholder of it? If not then I expect it's the freeholder's responsibility (assuming they own it).

EuroPean

I am said leaseholder of the gardening area - so yes, that would mean my responsibility.

eddddy

EuroPean wrote: »

I am said leaseholder of the gardening area - so yes, that would mean my responsibility.

Probably.

You need to check what covenants you have agreed to in the lease. (The lease might call them covenants made by the lessee or the tenant or the flat owner - or something similar.)

It's likely that you have covenanted ('promised') to maintain that bit of the garden.


But... in case this is why you're asking... there may also be terms in the lease that say that if you fail to maintain it, the landlord can maintain it, and pass on the cost to you.

AdrianC

Covenants are to stop others abusing the shared areas, not to specify the management of them. That'd fall within the lease.

eddddy

AdrianC wrote: »

Covenants are to stop others abusing the shared areas, not to specify the management of them. That'd fall within the lease.

That's not really a good description. A 'covenant' is a 'promise', and 'covenants' are documented in the lease.

For example:

The tenant (leaseholder) might...

• 'promise' not to keep pets
• 'promise' not to sublet without consent
• 'promise' to keep the floor carpeted
• 'promise to pay the service charge

And a landlord (freeholder) might...

• 'promise' to insure the building
• 'promise' to redecorate common areas periodically
• 'promise' to repair/maintain common parts

So all the above (and more) would be covenants in the lease.

EuroPean

@eddddy - yeah - so I have in effect promised to look after the gardening area + being the leaseholder = my property (per-se) to maintain and manage

G_M

EuroPean wrote: »

@eddddy - yeah - so I have in effect promised to look after the gardening area + being the leaseholder = my property (per-s!) to maintain and manage

I don't think you can assume that unless that's what the lease says.


Just because the garden in question falls within the demise (boundary) of your lease (ie belongs to you and is part of your flat), does not necesarily mean you have to maintain it to any specific standard.


In the same way that your kitchen falls within the demise of your lease - but how often you clean it/maintain it is up to you!


However if the lease includes a clause relating to maintenance, then that obviously is different. And the 'mutual covenant' element as suggested probably means other leaseholders can enforce whatever the clause in your lease requires.


Having said all that, you've been a bit vague:

who is responsible for managing a gardening area that isn't my actual back garden but an open area in front of my flat that I am the leaseholder of,

Do you mean this 'open area' is part of your lease, or do you mean the 'open area' is in front of your flat (the flat for which you are leaseholder), but it does not fall within the demise of your lease?