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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 8564
Experience:  I have been practising for 30 years.
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I have a deed of covenant. I am one part of a share of

Customer Question

I have a deed of covenant. I am one part of a share of freehold in a 2 block maisonette. The other maisonette owner (upstairs flat) has changed his window to a french door with a Juliet balcony. This directly over looks my garden. I am concerned that he will rent out his property and future tenants will hang clothes or worse smoke and make additional noise or nuisance through this new french door and windows. Can I get him to update the deed of covenant? DO I have any legal right to do so.
Submitted: 4 months ago.
Category: Property Law
Customer: replied 4 months ago.
A copy of my deed of covenant is attached. See pages 10 onwards for some of the current stipulations. Would be great to know if he can adjust the deed of convenant to state the use and conditions of use of the french door and window. I have been working on some wording that could be added but need advice.....Example of the wording I have drafted...Consent to the alteration on the first floor maisonette, french door and windows as long as the following considerations are adhered to:-1. Will not place or permit to be placed any item (any name writing board, placard, signboard plate) or item of any kind on the french doors and any french windows on the exterior of the maisonette or so as to be visible from the outside of the first floor maisonette nor permit any clothes linen or other articles to be hung or exposed outside the first floor maisonette or inside the maisonette (other than the window curtaining or blinds) so as to be visible from outside thereof
2. Will not permit any mat shake out of the french windows of the maisonette nor place any flower boxes flower pots or other loose articles on the french doors, french windows and railing
3. Will not throw any dirt or rubbish or any other items out of the french doors and french windows
4. Will not smoke, drink or cause any disturbance or inconvenience to the lessor the owners and occupiers of the ground floor maisonette especially through the french door and windows
5. Will not play or use or permit to be played any musical instrument wireless loudspeaker any mechanical instrument of any kind any singing to be practiced in the maisonette so as to be audible outside the maisonette through the french doors and windows at any time and not at any time cause a nuisance or annoyance to the lessees or occupants of the ground floor maisonette on the block
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  F E Smith replied 4 months ago.

Under clause 8 on page 4 he is required to get consent for this alteration.

The requirement is not qualified so the freeholder could just withhold consent even if that unreasonable.

4.1 on page 5 has the usual provision about not causing nuisance.

The freeholder or management company if there is one require him to ask for consent and could put condition in that the lease is very to covenant which you have drafted and if he won’t agree to sell you lease in respect of that, then he doesn’t get consent and you can require property how it was.

Can I clarify anything?

Customer: replied 4 months ago.
Thanks. The freehold is owned by me and him. He did not ask my consent but rather just told me that he was changing his window to a french door. I voiced my concerns to him about noise and use of the french doors and windows but he has not sent me anything or replied.What do you mean by 'The freeholder or management company if there is one require him to ask for consent and could put condition in that the lease is very to covenant which you have drafted and if he won’t agree to sell you lease in respect of that, then he doesn’t get consent and you can require property how it was.' ?Does this mean I can ask him to adjust the convenant to the clauses I wrote or I require the property how it was? And what format do I request this? Email or a formal letter delivered to him

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