Caveat Lessee

[Scot22]

If there was a building problem which affects a flat prior to lease being assigned, is the Freeholder liable to correct it ? Or since it was bought like that is there no responsibility because flat is as it was bought ?

[atticus]

If it is the freeholder's responsibility under the lease it remains the freeholder's responsibility.

[Scot22]

Thanks Atticus. As sometimes happens not what I wanted to hear. However, appreciate prompt and clear response.

[atticus]

Sorry about that. I can only give what I consider to be the right advice.

(Hopefully it is the right advice!)

[Scot22]

If the freeholder's covenant is to keep in substantial and good repair is that relevant ? That is, if in same state no lack of repair. So no breach of covenant.
The leaseholder has to keep in substantial and good repair and condition. Does this apply more stringent requirements on the leaseholder ?
I'm avoiding detail so as to not identify case.

[atticus]

I am not sure that based on that I can say anything other than that the respective obligations need to be considered and understood.

[Scot22]

Appreciated. Unfortunately, it seems in some cases people only go on about Freeholders responsibility and forget leasesholder also has obligations.

[Scot22]

To do what is wanted would breach Freeholder covenant not to allow work damaging, detrimental to other parts of building. Several surveyors have said it would cause problems elsewhere and advised against.
What action might leaseholder be able to take to get what she wants ?

[Scot22]

Indeed, can a Freeholder be made to breach a lease covenant ?

[atticus]

leaseholder might apply for declaration that freeholder's consent to do work is being unreasonably withheld. It sounds as if freeholder has a defence.

[Scot22]

Thanks. My hope was that requiring the freeholder to do something which broke a lease covenant was definitely not permitted.

[atticus]

As I said, that should give the freeholder a strong argument.

[Scot22]

Thanks. I hadn't noticed before but very pleased to see you recognised as a VIP member, well deserved.