Agenda item

Lease Enforcement

Report of the Director of Community and Children’s Services.

Minutes:

 Members considered a report of the Director of Community and Children’s Services in respect of Lease Enforcement.  Members noted that there had been extensive consultation on this matter and the Minutes from the Meeting of the Barbican Residents Consultation Committee on 27th November 2017 had been circulated to BRC Members. 

 

All Members (who were eligible to speak and vote) were invited to comment as follows:

 

  • The resource implications of strict Lease enforcement (as set out in Option 3), given the length and detail of most Leases.

 

  • It was suggested that it might be timely to consider bringing Barbican Leases more up to date, given that many people worked from home without causing any disturbance.

 

  • Purchasers should rely on their solicitors to review Leases and the onus was therefore on them to advise clients of any clauses which were likely to be invoked.

 

  • Barbican Leaseholders were regularly reminded of Lease compliance via email broadcasts.

 

  • Should the City of London Corporation fail to act in the event of a breach, the City Solicitor agreed to check whether they would be able to do so at a later date. 

 

  • New complaints on existing wooden floors would be investigated, even if there had not been any previous breaches. 

 

  • Members particularly noted the caveat in Option 2 whereby the affected parties would not need to demonstrate a breach by completing noise monitoring sheets, as had been the case previously. 

 

  • Members agreed that annoyance should be included at option 2.2.

 

  • Some residents had made it clear that they chose to live on the Barbican as a result of the restrictive covenants contained in the leases in respect of pets and wooden flooring as it gave them peace of mind.

 

  • The importance of pets as company for some elderly residents and wooden flooring in controlling allergies in others was noted; balanced with the need for these residents to be particularly considerate to their neighbours.  

 

  • Local Estate Agents and Solicitors should bring prospective purchasers’ attention to those aspect of the Lease which were likely to be enforced. 

 

In concluding, there was a consensus towards Option 2, as set out in the report, as being the most realistic and pragmatic approach.

 

RESOLVED, that: 

 

  1. The issue of lease enforcements for residents on the Barbican Estate, particularly those specific provisions outlined in the report, be noted.

 

  1. Option 2 – Formal Adoption of Current Practice for all Future Cases be adopted, as follows:

 

2.1       The Corporation will effectively decide to use its discretion in enforcing the various restrictive clauses within the lease, endorsing the current ‘soft’ approach of only taking enforcement action against residents who have breached a particular covenant in the lease and such a breach is causing a ‘nuisance’ and/or ‘annoyance’ to adjacent residents. 

 

2.2       Under this particular option, there will be not be a requirement for the ‘affected’ party to have to demonstrate, to the City Corporation, that the ‘breach’ is causing a nuisance.  In the case of wooden floors, for example, there would be no requirement for the affected party to complete and submit ‘noise monitoring sheets’ as had been the case previously.

 

  1. The Committee receive a further report, with officers’ proposals for a Protocol for the implementation of Option 2, as set out above. 

 

Supporting documents: