Rights of the Managing company in personal tenant disputes and arguments.

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

    Rights of the Managing company in personal tenant disputes and arguments.

    Hi. In a situation of a block of flats occupied by Leaseholders, each also members and directors of the Freehold company.. What rights do the Directors have in a case of individual neighbour disputes. For example, in the situation of an over the fence argument does the MC have a legal right or any other right to send out warning letters to each culpret. And if so does this right have any legitimate or legal power other than being an informal request to abide by the conditions of the Leashold documents, or are those conditions also potentially able to be used in a legal order to cease those activities?

    #2
    Directors HAVE to enforce the lease.

    What is the dispute ?

    Comment


      #3
      Depends entirely what the argument was about. Maybe give us a clue. From the sounds of what you say some aspect of the lease is being disobeyed.

      Comment


        #4
        Originally posted by AndrewDod View Post
        Depends entirely what the argument was about. Maybe give us a clue. From the sounds of what you say some aspect of the lease is being disobeyed.
        The case is of two neighbours in a personal conflict. But, the argument has taken place in private, so to speak, meaning no other tenants heard or saw anything. It is clearly an ongoing conflict which has effected the enjoyment of the property for all.

        THE LEASE STATES

        'not to use the property, or any part of it, for any of the following, nor allow anyone else to do so . -

        activities which are dangerous, offensive, noxious, noisome, illegal or immoral. or which may become a nuisance or annoyance to the landlord or neighbour'

        And

        Tenants have

        'The right to enjoy the lands subject to any conditions stated by the managers'

        Does even a personal agument warrent a warning letter from the company? The point being that even private disputes on company property can affect other tenants right to a peaceful life. However the Lease is not specific to that effect. Is their a standard procedure in these cases?

        Comment


          #5
          I would not get involved between leaseholders personal problems, as you may alienate yourselves.

          As no one heard anything, then you have no idea what the problem is ?

          If you write a letter, which I suggest you don't, and a reply comes back "I called him a Fat pig,,,so what Mr. Lar de dar" Therefore there is nothing you can do.


          You "may" write a letter to ALL leaseholders, A generic letter, to "reaffirm" that the Managemment company is always available if anyone wishes to discuss the lease or other problems that my crop up from time to time. Call Mr / Mrs xxx on 01-----xxxx ( Co. Sec / Director )


          That's all you can do. Short and sweet.....letter to all




          Comment


            #6
            Originally posted by FAQthis View Post
            'The right to enjoy the lands subject to any conditions stated by the managers'
            The word "enjoy" in the context of a lease does not mean that which you might imagine it to mean. It has a very specific meaning which has nothing much to do with actual enjoyment.

            Comment


              #7
              Originally posted by AndrewDod View Post

              The word "enjoy" in the context of a lease does not mean that which you might imagine it to mean. It has a very specific meaning which has nothing much to do with actual enjoyment.
              So what is the specific meaning?

              Comment


                #8
                Originally posted by FAQthis View Post
                So what is the specific meaning?
                see https://www.kdllaw.com/legal-updates...t-does-it-mean

                but worth reading the whole web page, but in brief - enjoyment

                What is “Quiet Enjoyment”

                This covenant is often wrongly thought to mean that the landlord must ensure that the property is quiet. It equally does not mean that the landlord has to somehow ensure that the tenants must be able to enjoy themselves - although wouldn’t that be good?

                In short, it means that the tenant must be able to ‘enjoy’ (i.e. live/occupy) the property without interruption from the landlord (or his agent) and therefore rarely has anything to do with noise.




                Comment


                  #9
                  Originally posted by FAQthis View Post

                  So what is the specific meaning?
                  Occupy and otherwise benefit from.

                  Comment


                    #10
                    Originally posted by FAQthis View Post

                    Tenants have

                    'The right to enjoy the lands subject to any conditions stated by the managers'
                    What?! Is that unqualified?

                    Comment


                      #11
                      Originally posted by Lawcruncher View Post

                      What?! Is that unqualified?
                      How do you mean? That is how it is written in the Lease

                      Comment


                        #12
                        Originally posted by FAQthis View Post

                        How do you mean? That is how it is written in the Lease
                        Is "the lands" defined in the lease?

                        Comment


                          #13
                          Originally posted by Lawcruncher View Post

                          Is "the lands" defined in the lease?
                          The exact wording is

                          Under 'Rights granted with the property' (The property being the Flat)

                          'The right to enjoy the Grounds subject to any regulations imposed by the Managers'

                          'Grounds' is not defined for the purpose of the Lease.

                          I'd be intersted to know if this taken literally means the Managers have the right to make any regulations about the grounds as they see fit?

                          Comment


                            #14
                            Originally posted by Lawcruncher View Post

                            Is "the lands" defined in the lease?
                            And therefore if a person buys a Lease on a property alongwith the original Lease regulations.. Are those regulations and all of the Lease wording fixed and unchangable throughout the period of that lease?. It would seem that either the wording is either unchangable by law or that it can be altered by the managers at any point, but only for all Leaseholders at the same time surely? And if the wording can be changed, with what limits? What if a decision is agreed such as no meat can be eaten on the premise, etc?

                            Comment


                              #15
                              You are deviating from the original question
                              My reply was "As no one heard anything, then you have no idea what the problem is ?"

                              The "Grounds! comprise of everythng a leaseholder did not buy into.
                              Gardens - if not demised. The Driveway,. Boundary walls, fences, gates, roof, external walls of the property., outside drain pipes from each flat and gutters,

                              The freeholder can make any regulations regarding the grounds if it is for the "Good of the company" / for the benefit of residents / On health and safety grounds etc
                              Our lease states the Freeholder may make / change any rules and regulations as per above,
                              Such as, No BBQ's allowed any more in the gardens.( cos people don't clear up after themselves, and leave tomato sauce and onion in the grass ) No ball games.

                              The Grounds do not belong to the leaseholders, nor are they leased to the flat leaseholders, but belong to the freeholder who has given permission to use said "parts" of the grounds and to observe the freeholders regulations, whice as it's the freeholders, can change. But within reason, as stated.

                              Until you tell us what the problem is , we cant advise to suit your problem. And this will just become an on line course on Leasehold management.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X