Newbie...

[Phil_Cee]

From a search on Google and thought I'd register :-)

[Amethyst]

Hi Phil - Welcome ... what did you search ?

[Phil_Cee]

From a search on Google and thought I'd register :-)

Leasehold terms I think? My management company are refusing to enforce the covenants of the lease regarding pets by other leaseholders of the apartment complex. When I contact who I pay th ground rent to, they just refer me to the management company again.

Pointless circle.

[R0b]

Can I ask how you know that the covenants apply to other leaseholders and have not been individually negotiated? Do you have a copy of their leases which confirms that they are bound by it?

Covenants, like contract terms, are enforceable against the parties to that particular lease so on the face of it, as you are not privy to the contract between the freeholder and the other leaseholders it would seem you may not have any recourse, unless the breach of covenant has a direct effect on yourself or that the restrictive covenant allows you as a third party to enforce it.

There may be one of two ways that springs to mind in which this may be dealt with, and that is to either make an application to the Upper Land Tribunal, or seek an injunction against the leaseholders in breach. I'm afraid my knowledge beyond this point is somewhat rusty so I couldn't say for certain this would be the correct route but in any event, I would certainly try and claim on any legal expenses policy that you might have because property disputes can get expensive very quickly.

Out of curiosity, have you written to the management company or just spoke to them over the phone. You may wish to consider making a formal complaint against them and seeking their response to the issues you have raised.

As to who the ground rent should be paid to, your lease should tell you that.

[Phil_Cee]

Cheers Rob, What I do know is the people with the dogs rent the apartments, they do not have permission to have them and have been refused permission. They take their dogs into the communal garden to use as their toilet, so now other residents do not use it. The cost of cleaning up all the dog mess was passed onto every resident, gardeners could not cut the grass etc. Management company have sent numerous letters which were ignored (which we have a copy as all residents got them) . So now I'm looking into 'Section 24 - Forfeiture of the lease' but the management company are saying we all have to pay legal costs.

[jaguarsuk]

Cheers Rob, What I do know is the people with the dogs rent the apartments, they do not have permission to have them and have been refused permission. They take their dogs into the communal garden to use as their toilet, so now other residents do not use it. The cost of cleaning up all the dog mess was passed onto every resident, gardeners could not cut the grass etc. Management company have sent numerous letters which were ignored (which we have a copy as all residents got them) . So now I'm looking into 'Section 24 - Forfeiture of the lease' but the management company are saying we all have to pay legal costs.

Well yes you would have to pay the costs as part of your leasehold agreement, but could all claim loss against the lease holder of the property in question due to them failing to act with the tenants. If they refused permission then they are in breach of their tenancy and the landlord/agent should have acted, thus their failure (negligence) to act has caused you financial loss in terms of the costs of resolving the matter.