Leaseholder withholding consent without reason

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    Leaseholder withholding consent without reason

    Dear All

    i own one share in a block of 10 flats. Each owner owns 1 share.
    The directors none of whom live in the building neglect security, are terribly slack and are engaging with me in a psychologist warfare because I took them to FTT last year. I made a request to insulate my walls at my expense over 1 year ago. I know the directors are preventing the managing agents from granting consent for the work to go ahead. Furthermore, the security of the building is poor. The front door is broken and access is possible for all. One of the garages has been burglared recently. The other leaseholders are petrified and no one dares to speak up. What can I do to force the directors out? What can I do to force the directors or managing agents to give consent to insulate the walls or repair the water leaks inside my garage?

    thank you for any any advice.

    #2
    Are you sure you are not responsible for repairing the water leak in the garage?

    To force the directors out, ensure you have at least 6 leaseholders prepared to support you (actually less will do if not everyone turns up), Then request a general meeting whose purpose is to remove the current directors and appoint new ones.. If a meeting notice is not issued within 21 days, issue it yourself. Recover the costs of the meeting from the company and get the new directors to then recover that from previous directors, who failed to organise it.

    At the meeting, vote out all the existing directors, with a simple majority, then vote in your replacements.

    Whilst this is going on, familiarise yourself with the company articles, company law as it applies to small not for profits, your lease, and the contents of the RICS Service Charge Residential Management Code.

    It is typically not possible to cavity wall insulate one flat in a block.

    Whether you can force consent without replacing the directors depends on the wording of your lease.

    Forcing the repair of the leak would require:

    1) the company is actually responsible;

    2) you would have to take them to county court and get an injunction for specific performance of their repairing obligation.

    Comment


      #3
      You hold 10% of the voting rights, so you can ask the directors to call a general meeting of members to propose a resolution removing the existing directors and replacing them with new directors (s303 Companies Act 2006).

      It is best to seek support from other members before the meeting. If you do not possess the details of other members, you can ask the Company to let you have a copy of the register of members (s116 Companies Act 2006).

      The members can discuss issues such as security and works which are required at the meeting. What reasons have been given to you for refusing consent?

      The managing agent has a duty to carry out works which are necessary and he would normally be responsible for explaining to the directors the terms of the lease, the management code of practice and the relevant landlord & tenant legislation.


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