Lease covenants

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Lease covenants

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Many who have bought (or are buying) a house, don't own the freehold to the land it is built on. Leases often have covenants such as that the house can't be extended without the freeholder's written consent. These covenants are in addition to local planning and building rules. It is contended that such covenants are unnecessary. Often the lease is written in obscure and archaic English that is hard to follow and the leaseholder doesn't even have a copy of it because it is held by the mortgage provider during the mortgage term. Unsurprisingly, leaseholders can contravene the covenants without realising it, exposing themselves to the stress and expense of obtaining retrospective consent should they decide to sell.
It is proposed that covenants relating to matters that are already subject to local planning and building control should not be enforceable unless a copy of the lease in plain English has been given to the leaseholder so that it can be readily consulted at any time.

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