Structural Alteration/Consent

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

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

    Comment


      #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.

      Comment


        #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.

        Comment


          #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.

          Comment


            #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.

            Comment


              #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.

              Comment


                #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).

                Comment

                Latest Activity

                Collapse

                • 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
                • 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 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
                • 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 Dilapidated Flat
                  by Macromia
                  If a leaseholder can show that internal maintenance is required because of a freeholder's negligence (e.g. a failure to meet external maintenance obligations according to the terms of the lease), they will potentially have a claim against the freeholder and be entitled to expect the freeholder (the...
                  04-12-2021, 16:59 PM
                • Reply to Dilapidated Flat
                  by theartfullodger
                  The previous owner might have had a case. The new owner I think only for claims for problems during their ownership. But ianal.

                  Presumably she got a great price as it was so dilapidated
                  04-12-2021, 16:51 PM
                • Reply to Dilapidated Flat
                  by Neelix
                  What utter nonsense.

                  The new buyer should have had a survey before they purchased.
                  04-12-2021, 16:15 PM
                • Reply to Dilapidated Flat
                  by scot22
                  Many thanks for the prompt and helpful replies. Mainly, I suspect, due to lack of ventilation and heating there is some damp. She says the Freeholder should have stopped this happening by work to outside wall !? Efforts, including engaging surveyors whose advice has been followed, have been made...
                  04-12-2021, 15:51 PM
                • Reply to Dilapidated Flat
                  by doobrey
                  In what way?...
                  04-12-2021, 15:21 PM
                Working...
                X