Leasehold covenants are a legally enforceable set of rules regarding things you have to do or are not allowed to do with a property.
All types of homes can have covenants, but there are often more of them in leasehold flats and apartments.
There are two types of covenants in a lease:
- restrictive covenants
- positive covenants
Positive covenants are something someone must do. For example, the freeholder or landlord might have to paint the outside of the building every five years, and the tenant must pay ground rent and service charges.
Restrictive covenants (also called restrictions) stop you from doing certain things which might affect the ‘use and enjoyment’ of the building for other leaseholders in the building. These could include -
- renting out a room or the whole flat
- laying hard flooring (or taking up the carpets)
- running a business from home
- making noise after certain times
- keeping a pet
- making structural alterations or renovations
When considering buying a leasehold property check the restrictions in the lease carefully to make sure they do not prevent you from using the property in the way you want to.
The lease may say that you can ask for permission to do something prevented by a restriction. You’ll need to ask the landlord (or Managing Agent employed by the freeholder/landlord) for permission, and the lease will usually say that the landlord should give consent where it would be reasonable.
The landlord will usually charge for this. A solicitor can help you apply for permission.
If you do not comply with the restrictions or the terms of any permission, your landlord may be able to take legal action against you. They can also take action if ground rent or service charges are not paid.