Breach of lease - legal action/forfeiture - for repainting hallway?

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    #16
    Originally posted by eagle2 View Post
    Also if the MA visited regularly, he would know if dogs are kept on the premises
    Every cloud!

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      #17
      Make a complaint to the CMA ( Competition and Markets Authority. ) about being charged £5K in legals expenses to stop your RTM.

      Ask the CMA to secure disqualification of the Directors for leasehold abuse.

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        #18
        Now there's an idea. Right now we've told them the legal costs are not accepted and that they'll need apply to Tribunal for a determination of same. Nothing incoming yet.

        Honestly I just want to get out from under these people and draw a line under it. But I'll do some reading on your suggestion. If they really won't let us go we may need to go for the bigger guns.

        EDIT: thinking about it the legal fees aren't to stop us from achieving the RTM. We're on the hook for the freeholder's legal fees either ways. Though I wonder if that will still count as abuse of leasehold.
        Last edited by Moderator2; 01-12-2018, 09:45 AM.

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          #19
          Just got this:

          The issue with the internal decorating remains and we intend to take action. It’s clearly not acceptable and is considered trespass.
          I think I will be making a complaint to ARMA. I had nothing to do with this painting (in fact I'd have preferred if it weren't done) and I will not be threatened.

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            #20
            It would be laughable if you were not caught up in the middle of this. So they are going to stamp their foot and “take action”. What exactly are they going to do if they do not know who has carried out the painting? Trespass? Seriously? How can any leaseholders be trespassing in the communal areas? The contractors are not trespassing if they have been given permission to enter and in any case the MA does not know the identity of the contractors. They are to blame for not carrying out their duties so what do they expect? You should be seeking a reduction in their fees because they haven’t performed. I know that it is difficult but I would try to sit back and say “go ahead”, just leave them to calm down and realise that there is nothing that they can do.

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              #21
              It's good advice and you're almost certainly right, and I know responding to this emotionally is not usually productive. But I am so angry. In the last week alone I've had to kick out two weed smokers from our communal areas, I've had to comfort a neighbour who's been utterly terrified of two guys looking in her ground floor window to ascertain if she's an easy target for a robbery, I've had to arrange with the council to remove non-resident fly tipping because our MA charges us £200 a time for its removal - these are absolutely regular occurrences and our MA utterly refuses to do anything to stop it. But a neighbour trying to make things a little nicer for his co-residents, that's worth legal action? Infuriating!

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                #22
                It cannot be easy living there and the freeholder and MA are doing their utmost to make life unbearable. If you are not already, I would keep a record of all these things and produce it if there is further legal action.

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