Injunction advice needed please

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    Injunction advice needed please

    Hello this is my first post on this forum.

    My wife and I have a big problem as follows

    We live in a mortgaged flat with 992 year lease and share of freehold. I bought the place about 11 years ago, met my wife about 8 years ago and she has lived here since then. The flat is worth around £200,000

    There is a mangement company (set up as a limited company, but is essentially a residents association) it comprises one chairman and 4 directors and that really is the problem.

    We have had major problems with the chairman (since about 2003) and and very recently one of the directors. Most are old guys who are either retired or unemployed. They are very cliquey. The chairman is not married and has no children.

    The chairman started off by sending a forfeiture of lease notice back in 2003 due to our supposed noise. He had to apologize when we proved we weren't even in the country when the noise was reported.

    Since then the same chairman has dumped filthy rubbish from the bin area outside our front door (as well as other families) on many occasions whenever he feels like it.

    He has even thrown our pram as well as our neighbour's into the bin area which he knows full well has rat poison laid down.

    What really annoys him is anyone who has children. We have a 4 year old who is very well behaved. He goes out of his way to antagonize anyone with children in the complex. He constantly makes up false accusations about people to try and essentially turn the place into an old folk's home with no kids to be seen. I also feel but can't prove he has racist tendencies, my wife is black and all his victims appear to be non white

    We have reported him to the the general management company who collect our service charges and they have said they will speak to him. We have also called the local community police and they have paid him a visit on more than one occasion.

    The matters came to a head recently when another director's teenage children came around and were kicking a ball at our window, my wife confronted them and was suffered a torrent of vile obscene abuse. We told them to get away from our property only to have them come back later stating they had the chairman's approval. My wife sent a strongly worded email the same to the director to sort this out or we would call the main police (we then called the community police officer again) These teenagers have been intimidating all the children in the area that we know of. We feel the chairman approves their behaviour.

    The strange thing is the that the community police officer informed us a few days ago he spoke to the Director and chairman the day after the incident and they said they had no problems at all with my wife

    My wife received a solicitor's letter some days after the incident stating she had libeled the director and chairman in the email. We politely responded and stated there was no libel and that they had harassed us.

    About a week later I received another solicitor's letter stating that from the previous letter my wife had continually harassed the directors and other residents and that the management company are now seriously considering forfeiting our lease. This is a complete lie as my wife had no contact with any of the directors in any way and gets on well with all our neighbours.


    We contacted an online injunction company and got them to send an LBA letter to both the chairman and director asking them to retract this lie and essentially keep away from our property (100 yards). They both live some about 200 and 300 yards from our flat.

    They haven't responded to our LBAs within the 14 days and we will now get the local court to grant the injunction, we will also be asking for costs.

    The question is who should we make the defendants ? Should we go after the directors as individuals or the management company as they the letters they sent to us, appear that they are acting on behalf of the company. We have plenty of witnesses and many neighbours who want to appear on our behalf at court.

    Sorry about the long description.

    #2
    I think you are best speaking to a solicitor. Your question isn't related to leasehold matters at all, you have a good grasp of that already.

    Your question actually relates to libel, harrasment and technicalities of directors duties under the Companies Act, something I doubt the board has massive experience with.

    I would suggest solicitor experienced in all the above would be a better start.

    Comment


      #3
      How many flats in the block ? if the other flat owners are willing to support you, you could change the chairman. If not, then better to sell and move away .

      Comment


        #4
        Hi there are 51 flats and all bar 2 has one share in the freehold. We are unfortunately not in a position to move right now, when we move we want to move to a three bed house (at least) in the area . The starter price round here for a 3 bed is about £300,000. The truth is this chairman is about 90 at least. It is hard to believe someone at that age could cause so much distress. I am starting to think he may be even going senile.

        However he exceeded himself today - my wife and I had to chase after our son today leaving our front door open. When we got back a few minutes later we noticed a typical leaflet was left by him in our hallway in such a way that he had to come right into our property. We saw him shortly
        afterwards leering through our back window leaflets in hand. We have called the police again on him and they advised they will pay him a visit.

        The other problem director is unemployed but drives a brand new SAAB Aero with personalised number plates. He has informed some of the neighbours he is on benefit - eventhough his wife works. I can't believe we have this type of scum as directors.


        From speaking to our neighbours who have been harassed they have all one thing in common they have children - something he loathes. They have advised they would to testify in court. I believe we could get the landlords together but this will take time and some effort as the landlords work through letting agents. We are currently reading up to see if we can issue the injunction against a private LTD company that obviously we are part of.

        Comment


          #5
          The alternative way is:

          1. Section 303 of the Companies Act 2006
          You require 10% of votes (so 6 flats or more) to call an EGM.
          Propose the removal of the existing directors and to propose new ones to run the block (YES, you do need to volunteer to do this!)

          The existing directors have 21 days to convene the meeting. IF THEY DO NOT, then you may do so on authority of the members. You MUST give 21 days clear notice (either side - ie day of EGM and day sending out notice do not count - so 23 days really!) as it involves removal of directors.

          You can get flat owners details, at £3 per flat, from land registry online.
          Failing that, as a member(!) you are allowed to inspect the company records, which should include names and addresses of all other members (Flat owners). The company CANNOT charge you, nor refuse you, this privelege though it may charge for photocopying if you want to copy the name (take pad and paper).

          Comment


            #6
            Thank you all for your helpful advice- much appreciated...

            Comment


              #7
              Originally posted by thevaliant View Post
              You can get flat owners details, at £3 per flat, from land registry online.
              HMLR online copies are now at least £4, as from July. It's more if you want copies of documents or 'hard' (not downloaded) copy entries.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment

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