How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask propertylawyer Your Own Question

propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 244
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
94563951
Type Your Law Question Here...
propertylawyer is online now

I own a property with a 850 year leasehold and need to

Customer Question

Hi,
I own a property with a 850 year leasehold and need to contact the Landlord about a restrictive covenant.
I have asked the company to whom i pay my ground rent if they are the Landlord or a representative of the landlord.
Their Answer Was " We are the Registered Lessee and you are the Registered Under-Lessee.
My Knowledge is limited but i assume the Lessor is the Landlord, please can you explain
what they mean?
Kind Regards Richard
Submitted: 7 months ago.
Category: Law
Expert:  propertylawyer replied 7 months ago.

Hi Richard

Many thanks for your question.

Without having all the details and documents this is my assumption on the facts provided. You are quite right that lessor is landlord. Lessee is a tenant. The company to whom you pay the ground rent is a tenant of the freeholder under a head lease. You therefore have a sub lease and are a sub tenant.

You can check this at the land registry. It costs a few pounds to get a copy of the title. If you sign up to the land registry you can do a map search. You pop in your address and you will see an OS map of the locality. Click to see title numbers, click on your property then you will see the registered titles. You can then find your landlord's title and the freeholder' title. You can download the title as a pdf, you can also download a copy of the leases, if you wish. The title will show the owner's name and address.

Also check your lease to see if there is a clause in it whereby you can request the landlord enforce a covenant on another tenant. A well drafted lease should include such a clause. You can then make a formal request for the landlord to enforce the covenant (you might have to pay the landlord's costs/expenses).

I hope my explanation and response is helpful. Do please let me know if you have any queries in respect of my response. I am happy to assist further.

Please can I ask you to take a moment to accept / positive rate my response.

Kind regards

Paul

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 244
Experience: Property Solicitor with expertise in commercial and residential property transactions.
propertylawyer and 2 other Law Specialists are ready to help you
Customer: replied 7 months ago.
Hi Paul,
Many Many thanks for your Answer which is 100% what i wanted to hear.
Without trying to waste your time on this, today i had a strange unannounced visit from a gentleman claiming to represent the company whom i pay my ground rent too. (i did recently send an e-mail complaint about the covenant breach to them). I directly asked him if his company where the landlords, his answer was my company are the landowners??
He had a Plastic school Protractor and a copy of the Title Plan showing my boundary.and he had done some measurements and stated that in his opinion the boundary line was in a certain place, i was a little shocked because as far as i was concerned the Red boundary line is a general boundary and not an exact boundary and cannot be measured or scaled of a Title Plan.
I know you do not have all the relevant documents but the whole argument in this long story is that the Title Plan of the Cul De Sac i.e the position of the road and Main pathway around the estate does not match the title plan (not by inches but by maybe 2 metres) hence my neighbour has decided to try to cut off my drive. My argument is that both me and the neighbour both signed the lease regardless of the the irregularity and that what it was at the time should be how it is.
I explained to this person and showed evidence that it is obviously wrong and he stated that the builders where probably cowboys?.
My question is surely whoever had the estate built, builder or Landlord there must be some responsibility at the time (1993) to make sure the Title plan matches reasonably to the actual on the ground fact to prevent future disputes.
His Answer when i questioned him further was that the road and pathway had now been adopted by the local council and it was not their responsibility. I think this guy was some kind of mediator who was probably expecting to talk to somebody with no clue. Paul sorry for the long winded way of this but i really do not know who to trust?
I Hope you can just give me a basic view on this.
Kind Regards
Richard Shepherd
Expert:  propertylawyer replied 7 months ago.

Hi Richard

I will look into this during the morning and respond.

Kind regards

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice