Leaseholder Covenant Compliance (s101)
A major element of the 2002 Act is the need for the RTM company to make sure all leasehold covenants are being adhered to under s101 (tenant covenants: monitoring and reporting). No one appears to have thought of how to police this need when the majority of flats are sublet and there is no freeholder as was the case with our block. Even though we had the right of access into the flats for compliance or enforcement of covenants, there were the legal issues surrounding the accessing of rented flats.
Additionally there is also a statutory duty to take steps requiring the remedy of any breaches. Whilst we could sue for debts or seek injunctions for breaches of covenant, (such as repairs or nuisance) we could not use the final sanction of forfeiture (taking the lease before its natural expiry) as this remedy was not available to us without a freeholder.