Freeholder running business in common areas?

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    #46
    Lorimer,

    That is a great post, it's just made something click in my head.

    The freeholder has marked out no physical spaces - he's just erected signs and sent parking inspectors out. (We're hoping this will help us challenge the CCJ proceedings because how can someone park in a designated parking bay when there are no designated parking bays?)

    For this and a few other reasons, the car park is very quiet so if it IS making a profit (unlikely imo) its a very modest one. The distress caused to residents, on the other hand, is significant - which is why the Freeholder is getting so much pushback from us. The cost / benefit ratio seemed very skewed to me. But if he's trying to establish the business as a justification to increase the freehold value? That's where the cost benefit ratio balances up. That may be the root cause for all this.

    Do you know how one goes about proving RFR wasn't served to leaseholders? No-one here remembers being offered the freehold.

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      #47
      Others will be along to advise about RFR Benzo, but it may take a few days as they aren't here every day.

      It occurs to me that you should try to get the freeloader to give up this parking venture with the civil disobedience and court cases before you try to acquire the freehold, so this does not affect the price. Any news on the parking fines summonses?

      Comment


        #48
        I think you're absolutely right JK0. This thread, and your advice especially, is really helping crystallise this situation for me.

        We're just waiting for court dates against the Freeholder as we speak. That should give us an idea on how hard he's going to fight it.

        Comment


          #49
          Originally posted by leaseholder64 View Post
          I think private to public car park may be a planning breach, so talk to the council's planning department, assuming the lease doesn't forbid such approaches.
          I've finally got through to the council who told me that residential car park to commercial car park does not constitute a planning breach as the land use (parking cars) has not changed.

          They did suggest that the freeholders should have consulted us on this change (which they did not) before carrying it out.

          Comment

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