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There is nothing in the lease where the landlord if requested by leaseholder A to take action against leaseholder B is obliged to do so. I wonder where that leaves us?
In June 2006
I have made a further scrutiny of the lease to see if there was anything in it which would require the freeholders to take action if a leaseholder reported a breach of another leaseholder and found the following and wondered if you think this might assist me :
The freeholder covenants with the leaseholder that : “If and to the extent that the freeholders shall default in the performance of the covenants on its part contained in Clause 5 [this covers effectively that the freeholders keep in good order refuse in stores etc] and the freeholders shall have received written notice from the leaseholder specifying the covenant or covenants in respect of which such default shall have occurred (together with reasonable evidence of such default ) and requiring the freeholders to remedy such default then the freeholders will (and in any case in the event of such default whether or not it shall have received such notice from the leaseholder the freeholders shall be entitled to ) without prejudice to any other right or remedy of the freeholder under this lease perform or procure the performance in respect of which such default shall have occurred.” Thank you very much for your help.