Does RMC need Freeholder's permission?

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    Does RMC need Freeholder's permission?

    Hi all,

    I live in a block of 25 leasehold flats. We have a management company/RMC (made up entirely of leaseholders) and the Freehold is held by an outside company.

    The RMC wants to install a gate at the entrance to our car park. Do we need permission from the Freeholder?

    The leases state that leaseholders must get the freeholder's permission to make alterations to their own premises (apartments) but nothing about whether the RMC needs permission to make alterations to the common parts (which include the driveway where the gate would be installed).

    The leases also say that the RMC can provide any other equipment which in the opinion of the RMC is necessary.

    We would need to make holes in the pavement to install the gate posts but other than that there would be no actual alterations to the Freeholder's property.

    I read on the Leasehold Advisory Service that if the leases don't specifically prohibit alterations then they can be made, but as the RMC and the leaseholders are one and the same in our case it is a little confusing.

    Any advice would be appreciated. Thanks!

    #2
    The RMC always has a distinct personality from the leaseholders. When you forget that you end up with the lease being ignored.

    I think the answer is going to involve detailed interpretation of the lease. I don't have a three party lease, so the question doesn't arise, but ultimately the RMC is managing for the benefit of the freeholder, not just the leaseholders.

    I would think the gates would be fairly easy to remove when the leases expire, so probably shouldn't be big issue, but I think you should try and get a consensus with the freeholder.

    Comment


      #3
      Thanks for your input leaseholder64

      Comment

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