Repairs notice query

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

    Repairs notice query

    A weird scenario:
    asking for a friend.
    a family, with trustees in charge, owns a freehold property. One of the family members owned the lease but got into financial difficulties and the lease part got repossessed. After very long time remaining unsold the property, not managed by lenders or agents, became (externally) badly run down - imagine internal is bad too. So now the rest of the family want to protect their FH asset and serve repairs notice, potentially to follow up with forfeiture if repairs not carried out asap. The Lease is fully repairing, very strict on keeping property in top condition and if breaches are not remedied there is a clause allowing freeholders to serve for forfeiture. The question is - how would 1st notice (for repairs) be served? On the contractual leaseholder (the family member) or on the lawyers for lender in possession? Are there any potential legal problems the family may have?

Latest Activity

Collapse

  • Reply to License to Alter required to carry out repairs?
    by Lawcruncher
    I was thinking rather on the same lines which is why I asked the OP if he and his wife had signed the indemnity, hoping they had not so I did not have to consider the effect of the document. I have now considered it and concluded that it probably does not override the lease. However, there is still...
    01-08-2021, 18:37 PM
  • License to Alter required to carry out repairs?
    by APK
    Hi all,

    Looking for some advice. My wife and I recently bought a leasehold property in London. The property came with wooden flooring, and the lease specified no wooden flooring could be installed without consent.

    The lease states, with regards to the flooring issue:
    "Not
    ...
    30-07-2021, 14:41 PM
  • Reply to Accounting for RMC
    by SHill
    I agree with Eagle 2 - As Director I am complying with the Companies Act 2006 to act in the best interests of the Company....
    01-08-2021, 14:41 PM
  • Accounting for RMC
    by SHill
    Would anyone be able to advise if a RMC can raise sales invoices to Directors, for property expenses that relate to their leasehold properties. The sales invoices raise are itemised in the Notes to the service charges at. 4. Transactions with Directors and 5. Related party transactions
    09-02-2021, 22:41 PM
  • Section 20 notice / repairing obligation
    by Grah8m
    REPAIRING OBLIGATION / SECTION 20 NOTICE
    Our residential long lease does not impose Landlord Repairing Obligations - rather underlease provides procedures enabling any one of convenantees (5 x underlessees - 1 x "Landlord"/Underlessor) may initiate repairing maintenance works and...
    01-08-2021, 13:59 PM
  • Reply to Accounting for RMC
    by eagle2
    If you were filing a false document, I would agree, however, you are not and there is a greater risk of being personally responsible for the ongoing penalties which are being incurred. You are acting consistently with your claim that the previous officers of the Company could and should have filed statutory...
    01-08-2021, 09:49 AM
  • Reply to Accounting for RMC
    by Section20z
    I'd be very wary of filing a false financial instrument particularly with the revelations about the other parties...
    01-08-2021, 08:35 AM
  • Reply to License to Alter required to carry out repairs?
    by Macromia
    It doesn't sound to me that this is an issue with what is/isn't demised.
    It sounds like the floor covering is within the demise, but the floor covering present at the time of purchase was one that the lease does not allow without the freeholder's consent.

    The indemnity that was signed...
    01-08-2021, 07:52 AM
  • Reply to Accounting for RMC
    by SHill
    [QUOTE=eagle2;n1164773]I I can send you a PDF by private message if you wish..

    Thank you that would be useful....
    31-07-2021, 20:37 PM
  • Agent going bust?
    by Granger
    Our 15 flats use an outside block management company. Their website has disappeared. They haven’t provided any financial updates for 6 months, but have made demands for services going back 4 years suddenly claiming that they are extras outside their normal services. We fear that they are in financial...
    31-07-2021, 08:52 AM
Working...
X