I think I may need to take myself to court?

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    #16
    Originally posted by leaseholdanswers View Post
    Ok the mention of the articles w sot provoke a reply and we now see that they are definitive in a procedure.

    Going back to my email, it matters not in that a director still has the overriding duty and right to act in the best interests of the company. The articles would therefore only conflict with your actions and that right and duty, and their stipulation. Where obligations are outright ignored then it would be hard for any court to find that you acted inappropriately.
    Ok that's fine so I can stay on board as a director for the time being and don't have to resign. Fair enough - I have a feeling should there ever be another AGM then I would probably not be re-elected anyways should this go any further

    The intention of the notice of intention is to set the cat amongst the pigeons. Even if you a remote, and perhaps a visit or a friend who can take a few digital pictures would assist you in broadly outlining what needs doing eg int decs new carpet etc.
    This is easy, we already have a long list of things which need doing - and there is little argument about this. It's not that people say "oh no none of this is required". It's that nobody gives a toss about it and so nothing happens. And given that we don't have enough money in the bank (because some of the members also don't pay their "subscription") I can't just go ahead and order the works to be taken.

    Hence why I think the required step would be the proper consultation scheme with a schedule of works and quotes etc. - but I don't have the local knowledge to stem all of this.

    There is no reason why you cannot send along with the notice a letter from yourself stating that if the works do not go ahead then you will exercise your 87 Act rights as a leaseholder, taking it out of everyone’s hands.

    That should get the ball rolling.
    I've already mentioned this to them, I said if we don't get this sorted then I will need to start proceedings to appoint a manager which means (a) we won't have a say on whether things get done or not (b) we need to pay the manager and all costs of the repairs (c ) if people don't pay their subscription to the company then instead this will be a proper enforceable request direct between freeholder and leaseholder with the potential to go to court and ultimately forfeiture proceedings.

    Nothing back so far.

    If of course there is silence then a few hundred pounds on a cursory inspection by a local chartered building surveyor will assist in making a claim to the FTT, and they can award those costs. These can be deducted against service charges in future.
    I think this is what we need to do as we've gone beyond the realms of just threatening things. But doing this by myself I'm not so sure about, I would be happy to pay the couple of hundred pounds for the application and also for the surveyor but ideally I would want someone to do this professionally and if I win have the cost paid by the Mgmt Co...

    There is no reason why you cannot then pursue a county court action against the company and as you ask ultimately they may have to sell the freehold to you or others to clear that debt, or pay it out of ground rent receipts ( one reason why in threads I constantly urge enfranchising groups to retain a ground rent its there when service charges cant fund debts or losses and is reserve fund of last resort)
    ... or do that as the ultima ratio if the Mgmt Co doesn't pay. The current leases are at peppercorn rent and are 999 year leases though, so no reserve fund.

    I know the situation isn't that easy. But thanks for your ideas so far

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      #17
      You can call a meeting ( EGM ) and the Chair ( The freeholder company ) has to have one.

      See http://ram2.hostbyet2.com/ and click on meetings.

      It's also easy to fill in a "Preliminary Notice" for issue to all leaseholders / Directors.
      and I have recently filled one in, and photos are not required at this stage as everyone can see the disrepair.
      ( The absent leaseholders can also see what needs doing if they get off their butts and drive to look at the place ).

      You have had no response so far then you HAVE issue a Preliminary Notice to them. And up to you if you take it further ( To the FTT ) if your notice is ignored.

      Use this Preliminary Notice template http://berniewales.co.uk/wp-content/...e_Template.pdf as a starter.

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