Communal area

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    Communal area

    Hi and thank you in advance for your help and guidance ....a letter has been sent as a last resort from my solicitor to the freeholder and the directors. Basically they lack the knowledge and experience to basically understand the lease let alone anything else like RICS code and L& T acts etc.......and there is a long list of issues and breaches of the lease where the directors are serving their own interests....nothing new here it seems from what I can read on this helpful site, anyways despite the letter which clearly set out the preliminary notice to appoint a manager based on their mismanagement they still continue to think they are in the right!!!! I find this whole situation awkward, odd and unfair on me especially as I have had to pay my own legal costs to explain to them that they are basically not following the lease. I feel very frustrated and angry as I can see this going to the FTT+T and court where I am defending myself based on their basic incompetence, and no I cant remove them the directors as I am in a minority position.

    #2
    Originally posted by Starlane View Post
    I find this whole situation awkward, odd and unfair on me especially as I have had to pay my own legal costs to explain to them that they are basically not following the lease. I feel very frustrated and angry as I can see this going to the FTT+T and court where I am defending myself based on their basic incompetence, and no I cant remove them the directors as I am in a minority position.
    Hi, your post is headed "Communal area" but no mention in content?

    If you are a minority of one as you say, I fear for your wallet and success. Possible for one leaseholder to apply to appoint a manager but recommended first read a few cases on topic. Going alone invites defence "Nobody else is unhappy...". Tough gig. Find first tier cases at LEASE and Upper T cases at landschamber.decisions.tribunals.gov.uk.

    Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

    Comment


      #3
      Originally posted by Starlane View Post
      I feel very frustrated and angry as I can see this going to the FTT+T and court
      THAT IS WHY you have given a preliminary notice to appoint a manager, as I stated in one of your other threads.
      You don't give a preliminary notice to appoint a manager if you have no intention of following through. - it's a waste of time.

      they still continue to think they are in the right!!!! -- Of course --- which is why you want a Government appointed Manager --- end of story.




      Comment


        #4
        You do realise that the preliminary notice has to be of a particular form? It is not just a letter from a solicitor. It is a precise list of actions you are asking them to take within a certain timescale, and has to have various sections and wording.

        Why do you need a solicitor?

        Comment


          #5
          Can you not call and EGM, with the necessary number of other lessees and challenge them as to what they think they are doing?

          Comment


            #6
            Originally posted by Tipper View Post
            Can you not call and EGM, with the necessary number of other lessees and challenge them as to what they think they are doing?
            In my experience when majority directors are determined to disobey the lease/law/RICS code, meetings about this rarely achieve much.

            Comment


              #7
              Originally posted by MrSoffit View Post

              Hi, your post is headed "Communal area" but no mention in content?

              If you are a minority of one as you say, I fear for your wallet and success. Possible for one leaseholder to apply to appoint a manager but recommended first read a few cases on topic. Going alone invites defence "Nobody else is unhappy...". Tough gig. Find first tier cases at LEASE and Upper T cases at landschamber.decisions.tribunals.gov.uk.
              I hear you however there are many breaches of the lease and yes it could cost some money....the letter and preliminary notice has been carefully prepared and based on many faults including failure to repair, not issuing service charge demands properly nor providing me with access to any documents for years and no accounts provided so I have no idea what any monies have been spent on and when I ask they ignore me.

              Comment


                #8
                Originally posted by AndrewDod View Post

                In my experience when majority directors are determined to disobey the lease/law/RICS code, meetings about this rarely achieve much.
                Agree AndrewDod hence why I have had to go this route very reluctantly....appoint a manager

                Comment


                  #9
                  Yes I agree with you RAM, the letter and preliminary notice have been carefully put together highlighting all the issues and what they need to do within a certain timescale. The letter and notice has gone to them the directors who are frankly lack the knowledge and skills to be directors , so I am awaiting a response, one director shouted outside my window today " oh because of me ----my name mentioned we now have to get a solicitor and its all my fault"!

                  Comment


                    #10
                    Originally posted by Tipper View Post
                    Can you not call and EGM, with the necessary number of other lessees and challenge them as to what they think they are doing?
                    I have done this and they sit there smuggly looking at me refusing to speak and comment on my questions, they even tell me stuff which is misleading so I go and check up on things including speaking with LEASE a solicitor, this site and check case law etc and they are often incorrect, they say we are in the majority so we can do what we like!!!

                    Comment


                      #11
                      Originally posted by MrSoffit View Post
                      Possible for one leaseholder to apply to appoint a manager but recommended first read a few cases on topic. Going alone invites defence "Nobody else is unhappy...". Tough gig.
                      At least in theory (and in my experience in practice) FTT don't really care about a majority view that says it is OK to breach the lease/law. So N=1 is fine (if the OP has a case).

                      The bigger problem is whether the FTT exists right now as any sort of functioning entity. In one block where I own a flat they let the lessees float down the river, abandoned to fate while massive heath and safety risks were just ignored (under the eye and with, I am afraid, the collusion of the FTT who failed to respond to multiple approaches from lessees that a managing order they had implemented was being ignored by a manager they had installed - people could have died).

                      Comment


                        #12
                        Originally posted by Starlane View Post
                        one director shouted outside my window today " oh because of me ----my name mentioned we now have to get a solicitor and its all my fault"!
                        What a plonker. Directors dont have to get a solicitor, they just do what they are supposed to do.
                        So - getting a solicitor to argue they dont have to abide by the lease, are they --
                        getting a solicitor to argue they dont have to maintain the place, issue service charges,nor tell you where the money has gone., are they --

                        SUGGESTION.
                        Tell your solicitor ( if they are still acting for you ) NOT to reply to their solicitors .( except at *-*.. Why, ?, because all the directors have to do is to show they have put in motion, actions to rectify the problems you mentioned. OR they are not going to rectify anything, and that's it.
                        I have written back to solicitors stating, All the Company secretary and directors have to do, is give a simple yes or no - with dates for implimentation.
                        *Therefore I have Returned your letter, and expect a simple 5 year olds answer, yes they WILL correct every thing by the stipulated dates, or no they wont -- SIMPLE.
                        I therefore will not be receiving any more letters from you.. and I may even return them unopened to you.*







                        Comment


                          #13
                          P.S. to abvove post 12. which you may not wish to use, but i have,

                          Letter to solicitors representing the company.
                          basicly said

                          Please inform the Directors that they should learn to read and write, and not have to employ a solicotor to write down what they say.
                          If the directors can't answer a simple question of whether they will enfoce the lease, abide by the R.I.C.S. code of practice issue 3, and give dates when all overdue concerns will be rectified, then that shows everyone they dont have a clue and are unfit to be directors, and you know, ( Mr. Solicitor ) you are acting to defend the Directors illegal actions, shame on you.

                          Comment


                            #14
                            Spot on RAM, I like the way you think!!!

                            Comment


                              #15
                              AndrewDod - post #11,

                              Sounds worrying

                              Comment

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