Covenant poser

Concerning a letter from Terence Griffin in which he stated that all conveyancers are extremely aware now of the necessity for ensuring that leases of residential flats contain the usual enforcement covenant on the part of the lessor or management company (see [2001] Gazette, 22 February, 17).I am surprised that you havent published a single response.

Has No one dared speak up and express a contrary opinion? Is my firm alone in not sharing Mr Griffins view? The Council of Mortgage Lenders handbook is not clear on this subject.

However, it does indicate, in paragraph 5.10.4, that enforcement provisions are required where maintenance of the main structure and common parts are the responsibility of one or more tenants.Interestingly, the handbook makes no mention of enforcement provisions for other covenants.

We therefore suggest that mutual enforceability covenants are not generally required.David Briffa, Terence St J Millett Solicitors, London