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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a director of a small residential management company.

Resolved Question:

I am a director of a small residential management company. There are five shareholder/directors each owning a flat. One of the directors has stated that we are not bound by the covenants in our signed leases. How can we prove him wrong?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is there any reason why he thinks he is not bound by the covenants?

Customer:

No ,he wants to relax the covenants regarding use of communal areas.

Alex Watts : You are bound by the covenants.
Alex Watts : Only the person who put the covenant on or the beneficiary is able to remove them.
Alex Watts : Just because people may agree not to abide does not mean they are not enforceable.
Alex Watts : A covenant is like a term in a contract, parties are bound until removed.
Alex Watts : Can I clarify anything for you about this today please?
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