Hi, thanks for your enquiry.
The mere fact that some other Leaseholders may be breaching the covenant, does not legally mean that this covenant then becomes legally unenforceable by the Freeholder. For example, if a dog was making constant noise and a neighbour raised a complaint to the Freeholder, they would be under a duty to enforce the covenant and ask that the dog be removed from the property.
At the end of the day, your Buyers will have to take a view on this- if they have a dog who doesn't bark non stop and they feel that no complaint may be raised against them, they may decide to proceed. Their Solicitor will, I imagine, advise them not to proceed, because we Solicitors do have to cover our backs!
I hope this assists and sets out the legal position.
If I have helped, I would be grateful if you could rate my answer.
Hi, if I have answered your question, I would be grateful if you could rate my answer. Thanks Al
Hi, please don't forget to rate my answer. Thanks Al