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Frequently Asked Questions

How can a leaseholder enforce the covenants in the lease against another leaseholder?

The lease should set out how the covenants can be enforced. It is normally the landlord who has the power to enforce covenants within the lease. This means that a leaseholder will generally need to instruct the landlord to enforce the covenants against another leaseholder and where required by the lease indemnify the landlord against the costs involved.

In some leases certain covenants may be mutually enforceable. This means that a leaseholder could take legal action directly against another leaseholder for breach of covenant.

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