Property Managment Questions

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    Property Managment Questions

    Have you had dealings with Managment Companies..Now they r Hired by the Owners of the Flats correct?
    They Maintain the Block and Grounds but not the inside of the Flat which is the Owner/Landlords responcibility Correct?
    They can not tell the Tennant or Landlord who they can rent to Correct?
    If u had a lease with a Managment Company that would mean they own the Flat is that Correct?
    If they do then you could not rent or sell that Property as it isnt yours to do this is that Correct?
    If you gave your Tenant Permission to have a Pet the Managment Company cant do anything about it as you had permission from the Owner of the Flat The Landlord is this Correct?

    #2
    The way you use the flat - which is a leased property as there would appear to be a freeholder involved in this case is governed by the (head)lease granted by the freeholder to the lessee. From your question, I believe that you are not the lessee but are occupying the flat in accordance with an underlease - an assured shorthold tenancy agreement granted to you by your landlord who (presumably) is the lessee in question. Your use of the flat is governed by the terms of this lease and the relavent terms in the lease granted to your landlord. One of the terms in this headlease must permit your landlord to sublet - which he has to you.
    The freeholder will have appointed an agent to manage the property in accordance with the terms of the headlease. If, in course of their duties these agents or the associated maintainance companies observe any activity which is contrary to the terms of the headlease then they are duty bound to report it to the freeholder's agents who will in turn report this to the lessee - your landlord - and require him to comply with the lease terms in future. It is his job to pass this requirement on to you.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      Originally posted by thetoad View Post
      Have you had dealings with Managment Companies..Now they r Hired by the Owners of the Flats correct?
      They Maintain the Block and Grounds but not the inside of the Flat which is the Owner/Landlords responcibility Correct?
      They can not tell the Tennant or Landlord who they can rent to Correct?
      If u had a lease with a Managment Company that would mean they own the Flat is that Correct?
      If they do then you could not rent or sell that Property as it isnt yours to do this is that Correct?
      If you gave your Tenant Permission to have a Pet the Managment Company cant do anything about it as you had permission from the Owner of the Flat The Landlord is this Correct?
      What the management company can and cannot do will be set out in its contract with the freeholder(s) of the flats. Unless we could read the contract/lease it would be impossible to advise you.

      However, if you are asking do they have the right to ban pets from the building, then the answer is yes, possibly.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Basically my Flat belongs to My Landlady.
        The owners off all 12 Flats here Pay this Managmenty company to Maintain the Block.
        The repairs inside my flat is done by my Landladies odd Job Man not the Managment company.

        Now she has (like the other owners off the other 11 flats) the right to rent or sell their flats without the Managment Company Permission so what rights as the Managment company got to tell me i cant keep a pet if my Landlady agreed i could??

        Surely they work on behalf of my Landlady

        Comment


          #5
          Originally posted by mind the gap View Post
          What the management company can and cannot do will be set out in its contract with the freeholder(s) of the flats.
          Yes but this might arise in two different ways.
          1. Lease from L to T, to which the Management Company (MC) is not a party. As L's contractor, MC has no role in lease. The role of MC is governed by Management Contract with L, to which T is not a party. T's rights/obligations are against/to L only.
          2. Lease from L to T, joining-in MC as third party. The role of MC is governed by lease and not by a Management Contract.
          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


            #6
            Just because the Landlady said its ok (doesnt mean its OK between Landlady and Management Company appointed by Head Lesee or Freeholder (assuming she's not a joint freeholder)).

            Comment


              #7
              I have see leases that allow the leaseholder to have pets but not if they sub-let to a tenant on a ast.

              If there is a rule of no pets (in the lease) your landlord should have also put it in your ast contract.

              Comment


                #8
                Originally posted by thetoad View Post
                The owners off all 12 Flats here Pay this Managmenty company to Maintain the Block.

                Surely ( The Managing Agent ) they work on behalf of my Landlady
                The Managing agent works on behalf of, and for all 12 owners of the flats, and ensures the head lease is conformed to. ( Your Landladies Lease ).

                The 12 leases will have common clauses, such as not to attach anything to the outside of the building, or stipulate no pets without the authorisation of all 12 flats.

                If any leaseholder ( owner ) does not conform to the headlease, then the managing agent is empowered to enforce the headlease. Violations of the headlease is normaly made aware to them by one or all of the other flat owners / and even tenants. ( Managing agents dont live on the premises so never have a clue whats going on, unless someone tells them )

                There must be a clause in your Landladies lease ( and present in the other 11 leases ) that no pets are allowed, hence the Management agent telling you, you cant have a pet. They don't pull these sipulations out of thin air ( although some will say they have had this experience with thin air ! )

                If there IS a clause that says no pets, then your Landlady is in violation of her own Lease, and she must not have any pets in her flat.

                R.a.M.

                Comment


                  #9
                  ram: that may be right or wrong. We don't yet know which option in post #5 applies!
                  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


                    #10
                    Originally posted by jeffrey View Post
                    ram: that may be right or wrong. We don't yet know which option in post #5 applies!
                    The question was : - "what rights has the Managment company got to tell me i can't keep a pet if my Landlady agreed i could??

                    And the answer is ; -
                    If there IS a clause that says no pets in the headlease, then your Landlady is in violation of her own Lease, and she must not have any pets in her flat.

                    We have a clause that all flats have, and that is no pests ( oops, did I mean pets ? ) without the authorisation of all flat owners. If the flat owners ( who could have a Management company ) employ a "Managing agent", to uphold all leases, then if the other flat owners have not agreed for a certain flat to have a pet, then they cant have a pet.

                    otherwise there is no point in having a lease and then ignoring it.

                    I said, IF the Headlease said no pets, it is extreemly likely that all flat leases have the same condition in their lease. ( We assume they do, if the managing agent is saying "no pets".) We do not yet know if pets are subject to authorisation from all the other flat owners.

                    R.a.M

                    Comment

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