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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7508
Experience:  BA (Hons), PgDip, Practising Solicitor
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what can the free holder do if a lease hold flat [999 years]

Resolved Question:

what can the free holder do if a lease hold flat [999 years] is let in contravention of a covenat in the terms of the lease and the flat has so been rented for 12 years without enforcement of the covenant by the free holder ?
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

The right to enforce the covenant still subsists so there is nothing preventing the freeholder taking action to enforce the covenant.

However, if it has been breached for that long then you can obtain a restrictive covenant indemnity policy in order to cover you against the cost of the enforcement action taken by the freeholder. Put "restrictive covenant indemnity policy providers" through google and a number of providers will be displayed.

It should cost around £100-200 depending on the value of your property.

If they freeholder takes enforcement action then you can apply to the lands trbunal for the covenant to be removed or modified so that there is no breach, but this is generally a last resort because the process is lengthy and expensive.

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Kind regards,

Tom
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