Ex Leaseholder also owns Management Company?

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    Ex Leaseholder also owns Management Company?

    Hi

    I have a maisonette which has a fairly new lease, it was granted in 2006 with 125 years. At that time the property was owned by a Company - who specialise in buying properties from old people who continue to live there. I bought the property in 2009 (at auction) and it had double glazing fitted and paperwork shows as 2005.

    My lease says permission for double glazing will need to be approved and an ammendement to the lease would be charged. Basically double glazing had been put in without permission.

    I am pretty certain the company who I bought the property from also own the management company. I'd like to check this out but don't know how to?

    The upstairs neighbours had the same scenario and when they went to sell their property on - they were forced to agree to a very expensive amendment to the lease, which saw their ground rent rise from a constant £100 per annum to £250 per annum and rising!

    In a nutshell, I think I am trying to say, the original owners put the double glazing in, knowing that later on, the management company who they own, would pick this up, and then sting the new leaseholder.

    Basically, I don't want the same thing to happen to me when I sell and this Management Company have had lots of legal cases brought against them.

    Sorry this post is so long. I'd be grateful for some advice on what I can do now to get this sorted.

    Claymore

    #2
    You can check the ownership of the Management Company/Your Landlord at Companies House website, but it will cost you a few quid to download the correct information. *IF* the company is limited by Guarantee however, it may not have a shareholder/member list (none is required to be provided).

    Companies House is: http://www.companieshouse.gov.uk/
    And you will normally want the last Annual Return (or the one that shows the shareholdings - they don't have to put them in every year).

    As to the double glazing, did your solicitor not pick this up at purchase? If so, you may have recourse against your original purchaser (ie, the Management Company) for not disclosing the problem!

    Comment


      #3
      Originally posted by thevaliant View Post
      You can check the ownership of the Management Company/Your Landlord at Companies House website, but it will cost you a few quid to download the correct information. *IF* the company is limited by Guarantee however, it may not have a shareholder/member list (none is required to be provided).

      Companies House is: http://www.companieshouse.gov.uk/
      And you will normally want the last Annual Return (or the one that shows the shareholdings - they don't have to put them in every year).

      As to the double glazing, did your solicitor not pick this up at purchase? If so, you may have recourse against your original purchaser (ie, the Management Company) for not disclosing the problem!
      You can make an online search of the details of any UK registered company at www.companieshouse.gov.uk or at the Companies House Office in London ( near to Victoria Tube Station )

      All companies have to submit a copy of their annual accounts within 9 months from end of reporting period.

      You can buy a copy of the most recent annual account for one pound by credit card and download this information. Look for most recent AA under list of past filings. The accounts will show the names of the directors during the reporting period.

      Comment


        #4
        Originally posted by thevaliant View Post
        You can check the ownership of the Management Company/Your Landlord at Companies House website, but it will cost you a few quid to download the correct information. *IF* the company is limited by Guarantee however, it may not have a shareholder/member list (none is required to be provided).

        Companies House is: http://www.companieshouse.gov.uk/
        And you will normally want the last Annual Return (or the one that shows the shareholdings - they don't have to put them in every year).

        As to the double glazing, did your solicitor not pick this up at purchase? If so, you may have recourse against your original purchaser (ie, the Management Company) for not disclosing the problem!
        No, the solicitor didn't pick it up. It's only when I started chatting to the people in the maisonette above, it got me thinking and I delved into the paperwork to see if the same thing was happening.

        Can I go back to the Management Company and ask them to amend the lease to give permission and basically refuse to agree to any ground rent increase if they say it's necessary?

        Comment


          #5
          You *may* have some recourse against your solicitor if they failed to ask the right questions.

          If they did ask (and prove they did ask) and were lied to... "Oh no, the window permissions are fine guv'nor", you may have action against your original purchaser (which if it is the management company, then when they attempt to sue you for breach, counterclaim against them as original purchaser).

          Comment


            #6
            Err- I think it is now a legal requirement to repair broken single glazed window by double glazed glass. Its a requirement for energy conservation. Just like new houses now have to be supplied with roof insulation whereas 60 years ago, there was no requirement.

            Check with your local council.

            Comment


              #7
              I will do that. Thank you.

              Comment


                #8
                Originally posted by Claymore View Post
                I will do that. Thank you.
                Heres a council website to confirm the repair ofbroken glass windows requires double glazing in para.2 :



                http://www.rochdale.gov.uk/business_...and_doors.aspx

                Comment

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