Shared Freeholder Intimidating and Threatening SubTenant

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    Shared Freeholder Intimidating and Threatening SubTenant

    I own a shared freehold property consisting of five flats, each of which is owned separately ie. there are 5 freeholders. The Freehold contract names two of the shared free holders (owners of Flat 3 & 5) as trustees. One of the named trustees on the Freehold claims that as he is a trustee his role is to "act on behalf of all of the Freeholders" and is using this as an excuse to make demands and threats against other tenants in the property without the prior consent of all freeholders of the property. Most concerning are the threats he has recently made to the subtenant I rent my freehold flat. The threats include removal of plants and planted areas in the communal garden as well as shelves and cold frames which belong to my tenant.

    My view is that any and all disputes and decisions require consultation and consensus from all of the Freeholders before any action is taken. I also suspect that it is illegal to remove or otherwise tamper with the personal belongings of other tenants in the communal areas.

    Am I correct? Is there a legal document or section of which clarifies this?

    I very much appreciate your input and assistance.

    #2
    There should be a deed of trust, or something that creates the trust that defines what the trustees responsibilities are.
    It might be in the deeds.

    There are some regulations in law about trusts and trustees,
    but usually the trust defines the mechanics.
    Some land deeds simply appoint or reference trustees and don't give much more guidance than that.
    In which case, you would fall back on the courts to make changes, appoint new trustees etc.

    If the role of the trustees is to "act on behalf of all of the Freeholders", he might very well be able to do that without consultation with everyone.
    It's one of the reasons trustees are used, to avoid the need for consultation and consensus where this can be problematic.
    Just being called a trustee doesn't automatically assign the right to do that though.

    The trustee probably shouldn't act independently of the other trustee though (again, depends on the trust documentation).
    And obviously can't do anything illegal.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Originally posted by HarryM View Post
      The threats include removal of plants and planted areas in the communal garden as well as shelves and cold frames which belong to my tenant.
      Did YOU, as the leaseholder of your flat, get permission from the freeholder to alter / add items to the common parts ( which do not belong to you ), such as plants shelves and cold frames ?

      You may think it a small matter, but you can't have strangers, which is what you sub-tenants are, adding or altering the grounds without permission.

      What do I mean by Strangers ?
      They did not buy the flat, they just appeared one day, no one knew who they were, or their names, and they were not you and are not part of the "set up" of the lessess and not members of the freehold trust / company, and they set about changing / adding things without permission.

      Look at it that way before you shout "Threats"

      In your own words "decisions require consultation and consensus from all of the Freeholders"

      Was consultation and consensus from all of the Freeholders done for the change and addition to the items you mention, and was permission given to add all these things in arears that are not demised to you, not yours to alter. ?

      Comment


        #4
        Originally posted by HarryM View Post
        The threats include removal of plants and planted areas in the communal garden as well as shelves and cold frames which belong to

        Am I correct? Is there a legal document or section of which clarifies this?

        I very much appreciate your input and assistance.
        The legal document is your lease which will set out what you can or cannot do. However communal areas should not be used as storage by anyone without ontaining permission from all the shareholders.

        The correct process would be to contact you first so you can speak to your tenants.

        Comment

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