You've paid a fortune for your mansion block apartment but a neighbour is playing 'Now That's What I Call Ibiza 38' at full volume and his empties from all night parties are flooding your doorstep. The bad news is that his lease, like other tenants in the block, is a contract between him and the landlord only and if he breaches its terms only the landlord (and not you) can enforce those terms against him.
You can ask the landlord to help but he may refuse as he lives 50 miles away and the neighbour's parties don't affect him. Now the good news is your lease should have a landlord enforcement covenant, where a landlord agrees to enforce (at your expense), the terms in the other tenant's lease and ensure your noisy neighbour quietens down.
If your landlord won't cooperate, you can take legal action to make him do so, and even claim damages from him.
Some older leases don't have enforcement covenants, but this can be rectified by a deed of variation if the landlord agrees - he's not obliged to - and the tenant pays for it and the landlord's legal costs. This can take time, so if you're selling such a lease, act before you put your property on the market. Beware if you're buying a lease with no enforcement covenant, it may be seen as defective and so unacceptable to mortgage lenders. A property that can't be mortgaged is of course very difficult to sell on.
If a deed of variation isn't possible, a less effective option is single premium indemnity insurance policy which should make a lease acceptable to most lenders and buyers. It usually lasts until the new owner sells on or reportages and so will have to be replaced.
Philip Popeck is a partner at Curry Popeck, solicitors, Call him on 0208907 2000 or email him at philipp@currypopeck.com.
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