Enforcing Covenants focuses on the measures which managers of residential leasehold property can deploy to encourage leaseholders and other parties to abide by their contractual obligations with a view to achieving the most effective management of their estates and developments. In particular, the book concentrates on the changes to the law introduced by the Commonhold and Leasehold Reform Act 2002. Enforcing obligations in leases has never been easy, and the 2002 Act has made it even more onerous for the hard pressed property manager. Very few will be able to avoid having to take enforcement action, especially when bringing in the funds to make management feasible.
Subjects examined in this book include:
- the new rules on forfeiture
- the new rules on ground rents
- service charge recovery
- enforcing county court judgments
- the new procedures and jurisdictions of the Leasehold Valuation Tribunals
- enforcing repairs
- neighbour disputes and nuisance cases
- injunctions and specific performance
- costs and administration charges
- alternative dispute resolution.
Enforcing Covenants is essential reading for anyone involved in the management of property, whether they be professionals or lay directors of residents management companies. As well as examining the relevant law and decisions of the Leasehold Valuation Tribunals, the book provides much practical guidance on rules and procedures, illustrated by precedent forms and notices and backed up by some light-hearted case studies.
Table of Contents
1. Covenants 2. Forfeiture 3. Leasehold Valuation Trabunals: New Jurisdictions and Procedures 4. The Role of the County Court 5. Ground Rents 6. Service Charges: The Options 7. Debt Recovery in the County Court 8. Enforcement of Repairing Covenants 9. Enforcement for other Breaches 10. Neighbour Disputes 11. Enforcement Outside Leases 12. Arbitration and Alternative Dispute Resolution 13. Costs and Administration Charges: A Summary
'A seriously good and practical textbook which should occupy the shelves of all property management offices. Brian Jones is able to convey a considerable depth of knowledge within a prose style that is colloquial and even, in parts, entertaining. Highly recommended!' Customer on Amazon.com