Secret commissions

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

    Oh dear what a skeptic you are! Some crime is criminal and that is when they take action....there is an obligation to investigate or they can be reported to the Independent Office for Police Conduct.

    Comment


      Talk to your neighbours to get support for an EGM.
      You can then present the case to as many leaseholders as possible and get a vote to get repairs undertaken. You could also get a vote of no confidence in the Directors whilst you're at it!

      Comment


        Thanks but the directors wont turn up and they are the ones reffusing to accept that the work needs doing! Its me against four, I am outvoted every time.

        Comment


          Originally posted by Stacker View Post

          Thanks but the directors wont turn up and they are the ones reffusing to accept that the work needs doing! Its me against four, I am outvoted every time.
          Dependant on your articles it doesn't matter if your directors refuse to attend as long as a quorum is established, usually two but check your articles.

          If a fellow leaseholder supports you, continue with the meeting and ensure that minutes are taken, record the meeting if you wish to ensure that there is a proper record of the minutes and decisions taken.

          If no other leaseholder supports your request then follow the complaints procedure of the managing agent if they are the company secretary and follow it through to the relevant ombudsman who should find in your favour that a meeting should be held if you do hold 20% of the voting rights.

          This seems to be an ongoing issue where you have not been able to progress. If I understand correctly you have two positions one as a member/shareholder where if it is four to one you will always be out voted and the other as a leaseholder.

          Dependant on the issues and your financial loss you may be better looking at your rights as a leaseholder and your CS report should have been able to direct you as to the action you should take.

          Comment


            Thanks...it will be the leaseholder route I am going that is why I put the question out there about getting the work assessed, costed and then presenting it to the other directors however its the same old same old when I say they are all responsible they throw back and say no we aren't and say I am responsible for addressing the issues...

            .its going around and around in circles, they aren't suffering my flat is and I now may well have to involve a solicitor to write to them as they are so ignorant...I have already suggested we all get a surveyors report and they agreed initially and then when I booked him they turned around and then said no...so I went ahead and glad I did....

            two builders are coming next week to assess the situation and I will be asking for their opinion and costs to put right and two waterproofing companies are coming to tell me about tanking solutions and the various options.

            I will again be asking for reports and costs to put right. As the information is falling on deaf years I am putting everything in writing to form a paper trail and record then will go the route of getting the solicitor to write to them. I will also be telling the building insurance people about the situation.

            Comment


              I think you are handling this well. There is a self help procedure which you appear to be following.
              Good idea to have legal support. You may have to take this a long way to get work done.
              Inform others what is required with evidence. Give a time limit for it to be done otherwise you will do it and claim costs. Which they then must pay if you have been careful with your actions. Good luck

              Comment


                Thank you Scot...I am following the advice of the professionals ...in case I am not doing anything in accordance with the lease. So far I have obtained a chartered surveyors professional opinion and now the lease is with a solicitor with a copy of the surveyors report. Next will be the other reports.

                I shall be obtaining them to compare and contrast what needs to be done and then solicitor will take a view and write to the directors. I will write to the directors once I have a better picture and a clearer solution to the issues...I will invite one to attend my flat for a brief meeting so they can view and then give them a certain time frame to come up with a plan of action...if they dont I will get the work done and sue for the money back.

                Comment


                  Originally posted by Stacker View Post
                  ...if they dont I will get the work done and sue for the money back.
                  If you end up doing this, remember that, as a leaseholder, you will be responsible for paying a share of the cost if the work is the responsibility of the management company under the terms of the lease.

                  It will probably help your case if you make sure that you only claim for the share that should be paid by other leaseholders and not the total cost (although you may well reasonably be able to add in some other costs as well as the cost of the work minus your share).

                  Comment


                    Originally posted by Macromia View Post

                    If you end up doing this, remember that, as a leaseholder, you will be responsible for paying a share of the cost if the work is the responsibility of the management company under the terms of the lease.

                    It will probably help your case if you make sure that you only claim for the share that should be paid by other leaseholders and not the total cost (although you may well reasonably be able to add in some other costs as well as the cost of the work minus your share).
                    Thank you Macromania I dont have an issue with paying my share, I understand this..my beef is other people expecting another to pay for the structural defects of the building, their ignorance and unwillingness to put matters right.

                    This isn't about who is right and wrong its about doing what they should be doing repairing and maintaining the property in accordance with the lease and if it does go to court no I wont be paying the company costs as they have been negligent and as a shareholder I am only liable for the £1 liability, nothing in articles say I would need to pay the company costs when the directors and company are in breach of contract and not meeting the performance obligations of the lease.

                    Comment


                      I would expect you have to pay your share of Company legal costs.

                      If not Company could declare bankruptcy and would lose Free hold to the Crown.

                      Comment


                        Originally posted by Stacker View Post
                        This isn't about who is right and wrong its about doing what they should be doing repairing and maintaining the property in accordance with the lease and if it does go to court no I wont be paying the company costs as they have been negligent and as a shareholder I am only liable for the £1 liability, nothing in articles say I would need to pay the company costs when the directors and company are in breach of contract and not meeting the performance obligations of the lease.
                        This sums up the problem with leaseholder 'owned' companies.

                        You can sue the company I they are failing to maintain the building, but if you do the other shareholders will also be limited to a liability of £1, and the directors may have limited liability as well.
                        This means that taking any legal action against a leaseholder owned company risks bankrupting the company, which could mean that you lose the freehold, and potentially won't recover your own costs.
                        You need to weigh up what you have to gain against the potential outcomes.

                        Comment


                          Originally posted by scot22 View Post
                          I would expect you have to pay your share of Company legal costs.

                          If not Company could declare bankruptcy and would lose Free hold to the Crown.
                          The shareholder company liability is a £1 as a shareholder

                          Comment


                            Originally posted by Macromia View Post
                            This sums up the problem with leaseholder 'owned' companies.

                            You can sue the company I they are failing to maintain the building, but if you do the other shareholders will also be limited to a liability of £1, and the directors may have limited liability as well.
                            This means that taking any legal action against a leaseholder owned company risks bankrupting the company, which could mean that you lose the freehold, and potentially won't recover your own costs.
                            You need to weigh up what you have to gain against the potential outcomes.
                            What I hope to gain is the repair of the building and to stop any further damage to the building and my flat...

                            Comment


                              Originally posted by scot22 View Post
                              I would expect you have to pay your share of Company legal costs.

                              If not Company could declare bankruptcy and would lose Free hold to the Crown.
                              Then the directors and other shareholders need to get their act together and sort the situation out. Breach of director duties of care and due diligence not to.

                              Comment


                                See OP's previous threads.

                                It would be an improvement unless it was the only practical way of repairing original, previously effective, damp proofing that had become defective.

                                Comment

                                Latest Activity

                                Collapse

                                • Reply to Legal Action Against Landlord - Local Council
                                  by Gordon999
                                  Marriage value is payable in the compensation if the existing lease has fallen below 80 years remaining. It may benefit older leases if leaseholders are not required to pay the legal and surveyor costs for both sides.
                                  05-12-2021, 12:32 PM
                                • Reply to Lease variation
                                  by indiejanb
                                  eagle2,

                                  The management company is, though, specifically varying a restrictive clause in the lease. On that basis, I believe it needs a formal deed of variation to be lodged. Is that not correct?
                                  05-12-2021, 12:29 PM
                                • Reply to Legal Action Against Landlord - Local Council
                                  by Section20z
                                  It may benefit older leases by removing "marriage value" from lease extensions but this would not help you _ and freeholders are also aware of imminent changes and may be more willing to negotiate prior.
                                  Speak with a specialist like Homehold.org who will negotiate on your behalf,...
                                  05-12-2021, 07:14 AM
                                • Legal Action Against Landlord - Local Council
                                  by Isaac1400
                                  Hi,

                                  Hoping someone can advise. I am leaseholder and the landlord is a local council. my property is a flat and there are about 55 flats spread out over 3 floors.

                                  Now the problem is that over the years the council has failed to maintain the exterior and communal areas - including...
                                  02-12-2021, 07:13 AM
                                • How much can the freeholder charge for registering details of a sublet?
                                  by Joubert
                                  I am a director of a Freehold Company of a small block of 28 flats in a popular residential area.

                                  Over the past few years the majority of flats have been purchased by investors who sublet the flats on ASTs.

                                  Although the leases between the Freehold Company and the lessees are...
                                  04-12-2021, 17:35 PM
                                • Reply to How much can the freeholder charge for registering details of a sublet?
                                  by eagle2
                                  If the lease states that you may charge a registration fee of £10, that is the amount you may charge, you are not entitled to increase the charge unless the lease specifically allows an increase. Even then you would be limited to a reasonable amount and £100 would be considered to be unreasonable....
                                  05-12-2021, 06:55 AM
                                • Reply to Legal Action Against Landlord - Local Council
                                  by andydd
                                  I sued my freeholder for failure to maintain my driveway, judge was quite damning but I was only awarded £100 as hard to proof any loss BUT in your case it sounds you have exceptional worry over various incidents so yes you could sue and as I found out it was useful, I got costs too and its something...
                                  04-12-2021, 21:19 PM
                                • Dilapidated Flat
                                  by scot22
                                  In a block of 24, unfortunately one flat has become dilapidated. The new owner has bought cheaply. She is now demanding the Freeholder pays to refurbish it claiming they have been negligent. Is there a reasonable case ?
                                  04-12-2021, 11:21 AM
                                • Reply to Dilapidated Flat
                                  by scot22
                                  Thanks all. It was a great price, significantly below market value, plus in further negotiations a reduction to pay for any further work. This was identified by a surveyor. She is not clueless.....
                                  Artful in my research I read that can only claim for her ownership period.
                                  It is all i...
                                  04-12-2021, 19:33 PM
                                • Reply to Legal Action Against Landlord - Local Council
                                  by Isaac1400
                                  Thank you for bringing this to my attention. I have heard of this. In summary do you know if this would benefit those with older leases and not on the builds which have has issues with rising ground rent etc?...
                                  04-12-2021, 19:09 PM
                                Working...
                                X