Share of freehold questions - confused

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    #16
    Thank you, Macromia. I honed in on this: 'The freehold company cannot agree to breaches of the lease terms because the majority vote for this.' The problem that arises in my first experience of a freehold company is that the lease is breached willy nilly. And very few members, if any, have even read the lease. So when does the company/freeholder surface in defence of the lease? And if it/he/she does not, then what? I suppose one can, as a member, sue the individual lease breacher. I have investigated this. I went to a highly reputable local solicitors' firm. I found out there that my first interview at this firm will cost £400. But the firm would not litigate. It would refer me to a specialist solicitor in another firm, who will charge £1,000 for the first interview. I backed off rapidly. And Companies House will not, on its own say so, intervene in company affairs. I suppose where there is a real-person freeholder, this problem does not arise. It sure does in my freehold owning company: E.g. My neighbour, a director of my company, had a door fitted into the chinmey stack ot the wall that divides his loft from mine, and came and went into the loft above my flat as he pleased. According to the Lease, the company retains ownership of the lofts. Only our flats are demised to us. But the lease gives exclusive right of entry into a loft to the person in the flat below it. (Hang it! A freehold house would be much better!)

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      #17
      Macromia,

      So how does a leaseholder get the freeholder the landlord to enforce the continuing breaches when they are the directors breaching the lease themselves?

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        #18
        Originally posted by scot22 View Post
        Sounds like nirvana. We have owned a flat identical situation to yours. As has been said, it depends on owners as, of course, the other depends on freeholder. Over 20 years it has varied hoever, on balance, I prefer share of freehold. I'm sure your new neighbours will welcome someone like you. Best Wishes.
        I would also recommend you the same. Having a share of freehold would be a good option with numerous benefits: no annual ground rent, no premium cost for statutory 90 years lease extension.

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          #19
          Originally posted by Starlane View Post
          Macromia,

          So how does a leaseholder get the freeholder the landlord to enforce the continuing breaches when they are the directors breaching the lease themselves?
          Realistically, they don't.
          That's the type of situation that my comments in this old thread were highlighting.

          If the directors are breaching the lease, and can't be made to understand that they can't do this, the only real option is to get control of the management of the property taken away from them.

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            #20
            Originally posted by Macromia View Post

            Realistically, they don't.
            That's the type of situation that my comments in this old thread were highlighting.

            If the directors are breaching the lease, and can't be made to understand that they can't do this, the only real option is to get control of the management of the property taken away from them.
            Yes Macromia but how best do you do that if you are a non director and they wont listen, would it be appoint a manager route ?

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              #21
              Originally posted by Starlane View Post

              Yes Macromia but how best do you do that if you are a non director and they wont listen, would it be appoint a manager route ?
              I seem to remember you previously having your own threads about this subject. If you did find a solution there, I suspect that it's highly unlikely that you will find one by adding to someone else's thread.
              The best solution will depend on the specific circumstances - but is never likely to end well if you can't come to some sort of amicable arrangement.

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                #22
                Forgive me if I missed in the above but how long is the flat's lease?
                That's very important...

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                  #23
                  Originally posted by Macromia View Post

                  I seem to remember you previously having your own threads about this subject. If you did find a solution there, I suspect that it's highly unlikely that you will find one by adding to someone else's thread.
                  The best solution will depend on the specific circumstances - but is never likely to end well if you can't come to some sort of amicable arrangement.
                  Agree thank you

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