Lease Dilemma

I refer to Trevor Smith's recent letter where he appeared to argue that all residential leases should contain a mutual enforceability covenant (see [2001] Gazette, 11 May, 16).

However, the two examples he gives do not support this view.

Why should a tenant wish to enforce other tenants' covenants to pay maintenance contributions? The tenant only needs to ensure that the building will be maintained and the landlord's covenant to maintain and repair is sufficient for this.The ability to enforce restrictions, for instance dealing with noise nuisance, against other tenants may be desirable.

But would the buyer of a small terraced house require the right to enforce such restrictions against his neighbours, and would such a buyer expect to have the right to dispossess his noisy neighbours of their houses? A distinction must be made between lease terms that are essential and those that are merely desirable.

In many cases, a mutual enforceability covenant will be essential, but not in all.

There is no substitute for a detailed reading of the lease.

The Council of Mortgage Lenders' handbook is for the most part correct in identifying the essential structural elements of a residential lease.

I would like to think that solicitors can agree among themselves what these elements are.

If we do not do this we will have a lot of confused and disgruntled clients to deal with.

Geoffrey Williams, Wiseman Lee, London E11