Breach of covenants in lease
Discussion
Hi all. I would appreciate some advice regarding breach of covenants in our lease by others living in the development where I live. It is a shared ownership property of which I currently own a 50% share. It is managed / owned by a housing association.
There is an open lawned area in the middle of the development that my balcony looks over. Children play ball games here on a daily basis, often late into the evening and very noisily. Particularly annoying with the windows and doors open with the weather as it currently is. The grass is all torn up as a result, footballs fly into cars, skateboards, scooters, bikes; you name it. Litter is left, shrubs and small trees are damaged etc.
I am no kill joy but this is starting to seriously effect our enjoyment of our home to the extent that we would like to move elsewhere. Complaints have been made by myself and others but not a lot is done. On 2 occasions the housing association has sent letters requesting parents to ensure their children play respectfully.
Our lease contains the following covenants:
Schedule 2, Mutual Covenants 11: Not to permit children to play in any of the common parts or basement car park and not to permit pets in the garden area forming parts of the common parts
Schedule 2, Mutual Covenants 10 “Not for the playing of games of any description or any other sport of pastime which may annoy or inconvenience any other person or persons living in the building nor shall bicycles, skates or skateboards be used or ridden at any time anywhere in the common parts”
Schedule 2, Mutual Covenants 1 (b) Not to use the premises nor permit the premises to be used for any purpose from which a nuisance can arise to the owners, lessees or occupiers of the other premises
So my question is, what obligation is there for the housing association to enforce these covenants?
What can I do other than email and phone to complain?
The parents of the disruptive children do nothing to control their kids. There are 30 plus children on the development and they all play outside in the communal area. I honestly would not have chosen to live here had I known this would be the case, but I was reassured by the terms of the lease
There is an open lawned area in the middle of the development that my balcony looks over. Children play ball games here on a daily basis, often late into the evening and very noisily. Particularly annoying with the windows and doors open with the weather as it currently is. The grass is all torn up as a result, footballs fly into cars, skateboards, scooters, bikes; you name it. Litter is left, shrubs and small trees are damaged etc.
I am no kill joy but this is starting to seriously effect our enjoyment of our home to the extent that we would like to move elsewhere. Complaints have been made by myself and others but not a lot is done. On 2 occasions the housing association has sent letters requesting parents to ensure their children play respectfully.
Our lease contains the following covenants:
Schedule 2, Mutual Covenants 11: Not to permit children to play in any of the common parts or basement car park and not to permit pets in the garden area forming parts of the common parts
Schedule 2, Mutual Covenants 10 “Not for the playing of games of any description or any other sport of pastime which may annoy or inconvenience any other person or persons living in the building nor shall bicycles, skates or skateboards be used or ridden at any time anywhere in the common parts”
Schedule 2, Mutual Covenants 1 (b) Not to use the premises nor permit the premises to be used for any purpose from which a nuisance can arise to the owners, lessees or occupiers of the other premises
So my question is, what obligation is there for the housing association to enforce these covenants?
What can I do other than email and phone to complain?
The parents of the disruptive children do nothing to control their kids. There are 30 plus children on the development and they all play outside in the communal area. I honestly would not have chosen to live here had I known this would be the case, but I was reassured by the terms of the lease
Thanks for the replies so far guys. Most of the children live in houses with private gardens and there is a park around the corner so it's not as if they have nowhere to go. Some days I just put up and tolerate it; other days it really gets on my wick.
It annoys me that the housing assosiation include such terms in the lease but then do nothing to enforce it. Why bother including it? I'm sure they would react more strongly to a breach if it was in their interest to.
85% of the people that live here are peaceful and it is spoilt by the minority. I wish more people would speak up and complain, maybe then something would get done
It annoys me that the housing assosiation include such terms in the lease but then do nothing to enforce it. Why bother including it? I'm sure they would react more strongly to a breach if it was in their interest to.
85% of the people that live here are peaceful and it is spoilt by the minority. I wish more people would speak up and complain, maybe then something would get done
Hi Ninja. Thanks for that
This sort of confirms that I need out of here. I had better start saving!
This is not very PC but the kids are all from the social housing and their families pay very little to live there. Funnily enough everyone in the shared ownership part who has invested in the development behaves decently!
This sort of confirms that I need out of here. I had better start saving!
This is not very PC but the kids are all from the social housing and their families pay very little to live there. Funnily enough everyone in the shared ownership part who has invested in the development behaves decently!
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