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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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If you are required by the lease to keep and outside area clean,

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If you are required by the lease to keep and outside area clean, clear and tidy how do you enforce the lease
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Is it the freeholder or leaseholder who is to keep the area clean and tidy?
2. What works are required and what would be the cost of these
Kind regards.
Customer: replied 6 years ago.
lease holder, next door looks like a junk yard. We both have different freeholders. The stuff should not be there. He even tried the build a shed on it without planning permission. What do you mean what works are required?

Thanks for your reply.

Don’t worry about the works now.

If the properties are separate then it is the prerogative of the freeholder next door to enforce their leaseholder’s covenant to keep the area tidy/clean. The can choose to enforce it or not regrettably.

You should continue to press the freeholder and perhaps offer to pay the cost of a local solicitor sending a Letter Before Action to the leaseholder on behalf of the freeholder. This would cost in the region of £50.00.

The covenant in the lease is, unfortunately, a private matter between the leaseholder and the freeholder and you have no privity of contract in this case. You can appeal to the local authority’s environmental health department but the reality is that unless the state of the front is unsafe or a danger to the public then they will decline to act. If there is a potential breach of planning policy or legislation then you can also tip the planning department off about it, they are generally fairly quick to act.

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Kind regards,

Customer: replied 6 years ago.
How does this work the £22 has been taken off my card and that is it?

I am an expert, not a moderator but it would have been explained that the money you were required to deposit to post this question will have been deducted from your account.

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Kind regards,

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