RTM queries

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    #1

    RTM queries

    Hi,
    I am one of 2 directors of a RTM company for a building of 3 flats.
    I believe that, accordingly to the lease, the owner of the ground floor flat is responsible for the keeping of the front garden, including the overgrown edge but he is not attending to it.
    As RTM, can we:
    1) Ask the freeholder for a copy of everyone's lease?
    2) If the lease says he is responsible for the upkeep of the front garden, to arrange for the work to be done and then present him with the bill?
    3) What if he does not want to pay?

    Thanks very much in advance
    Tags: None
    #2
    With RTM the responsibility is now yours to enforce the terms of the lease.

    You can get a copy of the lease( and plan) from HMLR on line.

    If there is an obligation to maintain the gardens and boundary then your options are, after a letter before action

    - a court order for "specific performance" of the terms of the lease
    - you can only enter and carry out if the lease allows
    - the lease must also allow you to recharge costs
    - ask the freeholder to take action at your cost, to forfeit the lease once the LVT has ruled that there is breach.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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