Structural Alteration/Consent

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    #16
    I can knock up a form of licence, but need to know how the company executes deeds.

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      #17
      Originally posted by AndrewDod View Post

      You can't breach a lease based on a majority.
      Does this also mean that a majority means Freeholder does not have to act if a leaseholder raised complaint to the Freeholder?

      E.g. where a breach occurs by one of the 3 leaseholders. The other 2 leaseholders who each also owns a share in the freehold decided to disregard the breach of lease.

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        #18
        AZ breach is a breach. It is not determined by a majority vote but by the lease.

        Acting on a breach is a different matter. The freeholder is generally obliged to uphold the lease, but if every lessee and the freeholder disagree the lease should be disobeyed (I would get that in writing from all the parties) then I guess you could safely ignore.

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          #19
          Originally posted by AndrewDod View Post
          AZ breach is a breach. It is not determined by a majority vote but by the lease.

          Acting on a breach is a different matter. The freeholder is generally obliged to uphold the lease, but if every lessee and the freeholder disagree the lease should be disobeyed (I would get that in writing from all the parties) then I guess you could safely ignore.
          This might be common in real life.

          A minority director probably cannot take action against the other directors for permitting the breach? I guess it is for the leaseholder (i.e. the minority director ) to take action against the Freeholder for not upholding the leases and pursuing the director for failure to act or to make decision that is not in the best interest of the freeholder.

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            #20
            Originally posted by HLT View Post

            This might be common in real life.

            A minority director probably cannot take action against the other directors for permitting the breach? I guess it is for the leaseholder (i.e. the minority director ) to take action against the Freeholder for not upholding the leases and pursuing the director for failure to act or to make decision that is not in the best interest of the freeholder.
            It's a tricky thing and the law is a pig here. What does the lease say about obliging the freeholder to uphold OTHER leases.

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              #21
              Good question sadly for the lease I have it only says that

              The lessor hereby covenants with the Lesse....at the request (but in all respects at the cost) of the Lessee to enforce against the lessees for the time being of the other flat in building any covenants right or other provision........provided the lessee has deposited with the lessor's solicitors for the time



              Practically this means might as well sue the Freeholder directly. In reality, one might as well just do the same as the other lessees.

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                #22
                No not really - that clause is essential - without that you cannot sue the freeholder for not upholding someone else's lease.

                You need to insist that the freeholder does the thing first though (and agree to pay).

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