Mutual Covenant meaning

eddddy

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

It would be a lot easier for people to comment if you explained what the specific issue is.

It sounds like you want to challenge an aspect of your service charge. People are trying to guess why - and they might be guessing wrong. So the advice may not be accurate.

EuroPean

that 'open area' or maybe call it 'garden/collection of bushes' to be more specific in front of my living room window is definitely within my lease - I've checked the land registry records and it is part of the lease for my property. helpful?

davidmcn

EuroPean wrote: »

that 'open area' or maybe call it 'garden/collection of bushes' to be more specific in front of my living room window is definitely within my lease - I've checked the land registry records and it is part of the lease for my property. helpful?

Not really. What is the problem?

EuroPean

Thanks all for the comments thus far given I have been a little shy on full details. You've pretty much confirmed what I was suspecting given the landlord has gone round the houses with this, e.g. making changes and expecting me to join the dots up - there is still room for discussion with the landlord to really confirm who maintenance falls to, even though this area is in my lease

G_M

EuroPean wrote: »

that 'open area' or maybe call it 'garden/collection of bushes' to be more specific in front of my living room window is definitely within my lease - I've checked the land registry records and it is part of the lease for my property. helpful?

OK. So the land in question is 'yours'.


Now, does your lease say anything about how you maintain it?
And what exactly is the issue with the bit of land? What exactly is your problem?

eddddy

EuroPean wrote: »

Thanks all for the comments thus far given I have been a little shy on full details. You've pretty much confirmed what I was suspecting given the landlord has gone round the houses with this, e.g. making changes and expecting me to join the dots up - there is still room for discussion with the landlord to really confirm who maintenance falls to, even though this area is in my lease

I'm not sure why you're being so cryptic.

But TBH, your comment makes it seem like you've completely misunderstood the advice here.

davidmcn

EuroPean wrote: »

there is still room for discussion with the landlord to really confirm who maintenance falls to, even though this area is in my lease

Even if you have an obligation to maintain it, that doesn't necessarily prevent it falling under a communal maintenance regime. I've certainly seen that elsewhere e.g. everyone in a newbuild estate gets a front garden, but the managing agents arrange the grass-cutting.

EuroPean

@davidmcn - that's precisely what's happening (and again my apologies to all for the vagueness of my info today). My lease says: To keep garden areas forming part of the Premises in good horticultural order. Premises being the areas outlined in my lease and the front garden is the area that I'm enquiring about. Short story is the Managing Agent has been doing this for years (being paid for through the Service Charge) and all of a sudden stopped doing it without giving any notice, I make an enquiry and a faff and a half later they point out that it's in your lease lease and therefore yours to manage. But arbitrarily decided to make this decision without consulting me first - very naughty I think!

Slithery

EuroPean wrote: »

But arbitrarily decided to make this decision without consulting me first - very naughty I think!

Not at all. They did consult you - you agreed to the lease when you purchased the property. Just because someone stops doing you a favour doesn't make them 'naughty'.

davidmcn

EuroPean wrote: »

the Managing Agent has been doing this for years (being paid for through the Service Charge) and all of a sudden stopped doing it

As long as they've also stopped charging you for it, I don't see the problem.