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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6933
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I have a flat in a block of 7 flats each with a parking

Resolved Question:

I have a flat in a block of 7 flats each with a parking space. We have "share of freehold" with original leases in place. the covenants state the no individual part of the demised premises can be sublet, yet some are now subletting their parking space. There is also a covenant stating that the parking space is for "one single motor vehicle" and one person wishes to put install a multi-bike rack. The property is in a gated Mews.
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

This is a tricky one because the breaches of covenant in the leases in enforceable by the freeholder and you all share the freehold.

As such, as a matter of practical reality, the covenants are unlikely to be enforced unless one of you does something that the vast majority of the other freeholders disagree with.

If you have instructed a management company to deal with the common parts and maintenance they could enforce the breaches provided they retain the authority to act on the majority freeholders behalf.

Best regards

Michael

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