Leaseholder/freeholder relationships

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Leaseholder/freeholder relationships

    Hi

    Can a freeholder insist that a Leaseholder contacts the Managing Agent only with matters relating to the property?. We have a Leaseholder who insists on copying us into all communications, (via our personal email addresses and not the freeholder email address) and if the Managing Agent does not contact them immediately the emails may continue; or they will then telephone us (sometimes witholding their number). Very often the Leaseholder is rude and beligerant. We have advised them many times that they are to contact the Managing Agent and that the Managing Agent will advise us of anything that needs to be bought to our attention; but it seem to fall upon deaf ears... do we just have to put up with this and learn to switch off to anything that is not of an urgent nature?

    #2
    Hi,

    It would appear you want the rewards without the hassle, you have to ask yourself is your MA responding to reasonable requests and responding to leaseholders expecting to receive those replies in a timely manner, which as you already know is not correct or they wouldn't be contacting you.
    If you have an issue take it up with your MA who you probably pay a good amount to, to provide a good service of which the leaseholder also pays an increased charge to expect a decent service of which it appears he is not getting, strange that in the leasehold sector!

    Comment


      #3
      I had trouble parsing the question. I wasn't sure if only referred to the managing agent, or only referred to the type of problem.

      In the former case, in this forum, AST tenants are often advised to bypass the letting agent, so I don't see why that should not also be true for the long leasholders.

      Comment


        #4
        Good question. Ultimately the LH relationship is with you and I don't think there is anything you can do to prevent him contacting you.
        Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

        I do not accept any liability to you in relation to the advice given.

        It is always recommended you seek further advice from a solicitor or legal expert.

        Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

        Comment


          #5
          Thank you for your responses. So far there have been no rewards! Just thousands spent on legal fees in getting another Leaseholder to reinstate their flat to a single dwelling and stop letting a room to a family of 5! Our MA always responds within a day, we just feel that the Leaseholder in question has unreasonable expectations.

          Comment


            #6
            You are a director and as such the leaseholder has every right to contact you and inform you or copy you in any relevant correspondence. You have stated elsewhere that you are too heavily involved, it is taking up too much of your time and the managing agents are not doing their job. The answer is simple, instruct your managing agents to deal with the correspondence and do not respond to the emails.

            Comment


              #7
              Originally posted by Emilycarter View Post
              Thank you for your responses. So far there have been no rewards! Just thousands spent on legal fees in getting another Leaseholder to reinstate their flat to a single dwelling and stop letting a room to a family of 5!
              If done properly, and assuming a reasonably standard lease, those fees should be recoverable from the offending leaseholder.

              Generally, there are two ways of funding legal actions:

              - as actions preparatory to forfeiting the lease;

              - by getting the complaining leaseholder to cover the costs.

              It would be unusual for a lease to allow the cost of actions to be recovered from the service charge.

              It is quite common for leases to not require action to be taken, in which case, any action ought to be conditional on the complainant underwriting the legal costs; the freeholder is technically taking the action, because they have the standing to do so, but the reality is that is an action between two leaseholders.

              With the first option, you need to be sure that the FTT will agree there has been a breach of the lease, and should limit your expenditure to their fees until that has been determined.

              Comment


                #8
                There is clearly far more to this than you are telling us.

                I recommend that you try to meet or telephone the leaseholder to discuss all issues. He seems to be trying to send you a message which he considers to be a problem which is not being dealt with. You should at least try to understand his point of view and consider it.

                Searching through the lease for minor breaches does not assist you, that is likely to inflame the relationship.

                As a director, you should not become too involved, you have managing agents to deal with the day to day issues. Your duty is to remove yourself from the detail and consider the wider issues such as whether or not the leaseholder has a valid point and whether or not the managing agents are carrying out their duties.

                You seem to have dealt with the major issues but that does not mean that the leaseholder has no say whatsoever or that he is not entitled to raise issues which are important to him. If he has raised issues with the managing agents and they have not been dealt with, his next option is to raise them with the directors. If you do not deal with them, the issues will escalate.

                If you do not agree with him, you should have a dispute resolution service to which he should be referred.

                It seems to me that you need to work on improving the relationship with this leaseholder otherwise you will have endless problems which will be time consuming and costly.


                Comment

                Latest Activity

                Collapse

                • Uninformed manager and directors: what can happen?
                  sophiejo
                  Thank you, leaseholder64, for your help yet again with starting a new topic.

                  I hope I'm not going to sound hysterical, but I am really scared. We have a weird situation in our share-of-freehold set-up: A very intellectually limited real-estate agent, uncouth and ugly to boot, was put in...
                  20-01-2019, 20:27 PM
                • Reply to Uninformed manager and directors: what can happen?
                  leaseholder64
                  Section 42 almost certainly applies to you. Section 42 of L&T 1987 is for your protection. If the lease doesn't allow for reserve funds, there is really no way you can be forced to contribute. If you are referring to L&T 1987 in general, yes you are largely bound by that Act.

                  ...
                  20-01-2019, 20:58 PM
                • Signage and Communal Issues
                  Milesunder
                  Hopefully I can get some advice on an issue we are currently having at our development.

                  There are currently 10 properties at our development and these were owned by three friends up until three years ago. They then decided to sale them and 9 different people bought them. Because the previous...
                  03-01-2019, 07:47 AM
                • Reply to Signage and Communal Issues
                  eagle2
                  It is unclear from your posts how much involvement the management company has at the present time. You also say that you are a director of the management company and refer to an AGM which implies that it remains active.

                  Who has appointed the managing agent? It ought to be the management...
                  20-01-2019, 07:41 AM
                • Complicated lease extension - neighbour will not sign
                  pkbeney
                  Hello

                  I would be very grateful if somebody could please help me with my problem as it is driving me insane.

                  The situation is quite complicated but please bear with me as it does make sense...

                  In 2009 i purchased a first floor flat in a converted house.
                  At...
                  11-01-2019, 15:18 PM
                • Reply to Complicated lease extension - neighbour will not sign
                  Macromia
                  I'd agree with this, but would suggest that the most important consideration may be whether or not the OP's solicitors failed to provide the services that they agreed to perform, and were paid for, during the purchase.
                  If the solicitors were negligent (and it sounds like they may have been if...
                  20-01-2019, 04:58 AM
                • Reply to Complicated lease extension - neighbour will not sign
                  chris1544
                  What happened after he inspected your property? The reason I’m asking about this is that if it were me, I would be doing everything I could to get him to sign voluntarily first. It would seem that whatever happened in the past and whatever your solicitor or any other can do now, free or not, is reliant...
                  19-01-2019, 22:39 PM
                • Reply to Signage and Communal Issues
                  Lawcruncher
                  If the sign was put up by the original landlord then it belongs to the current landlord as it is part of the property (in fact it probably is anyway). No tenant can object to it (a) if it was there before the leases were granted simply, because it was there before the leases were granted (b) if it was...
                  19-01-2019, 21:42 PM
                • Illegal Alteration
                  puckxxx
                  Guys if you could give some advise on the following query it would be much appreciated.

                  I understand that a breach of a leasehold agreement needs to be determined by the FTT. Therefore my question implies a decision in my favour.

                  Do any of you know how much a Landlord can reasonably...
                  18-01-2019, 12:08 PM
                • Reply to Illegal Alteration
                  JK0
                  Have you accepted ground rent/ service charge since becoming aware of the alterations?
                  19-01-2019, 19:01 PM
                Working...
                X