ABSTRACT

This chapter concentrates on enforcement of covenants in leases, but the manager of leasehold property may sometimes have to take action against parties, other than leaseholders, but who none the less have an interest in the managed property. As with leaseholders, the predominant issue will be contributions into a service charge fund, but other questions will arise less frequently, generally in relation to the amenities and common parts of the estate. The prospects of actually recovering such contractual costs are about the same as with similar provisions under leases, except of course that the additional layers of case law and statute surrounding costs in a forfeiture context will be irrelevant. There is one notable additional power in favour of commonhold associations however: if the commonhold unit let to a tenant, the commonhold association may require the tenant to divert rent payments to the commonhold association to discharge a debt.