User Profile

[scot22]

The lease is a legally binding contract. The landlord cannot simply boss you around. If Freeholder wants lease altered must have your agreement.
I have had professional dealings with Church commissioners. Their sole purpose is getting the money. Forget about any value in good relationships....

[scot22]

I would object. Nobody should be allowed to ignore the lease. He has taken away an amenity. Where will water drain that went on the garden.

I'm sure if you wanted to do something that increased the value of your flat he would want compensation.

I would politely inform him...

[scot22]

It would only need a majority. Doesn't need to be unanimous unless specified in Articles. We use model and no problem.
Presumably he already knows you believe he is in breach so no reason I can see to be secretive.

[scot22]

Thanks andy. For the past few years it has been down a rabbit hole situation. Being polite, as I always try to be, ineffectual legal advice has not helped. Would need it's own forum to explain everything.
Reasonable people would have agreed with Freeholder but.....
The situation is so...

[scot22]

Thanks for the tip. Unfortunately a drawback with leasehold, as we all know, is differing opinions and differing integrity.

[scot22]

Is he owed money ? Ask him for detailed proof.

Pay him ?

[scot22]

Formally notify him that you believe that he is in breach of the lease and given him a time limit to complete repairs.

If he doesn't then his sale can be blocked.

[scot22]

Fair point andy. Could of course be 3 on 2 levels. I commented without relevant facts.

[scot22]

Not valid service charge work unless allowed by lease which would surprise me.

How demanding is it to walk to the door and open it in a 6 dwellings building !?

[scot22]

Exactly. I bet if you wanted Directors and Officers liability insurance they would object to the cost.

[scot22]

Never heard of anything like it. Obviously you are already asking about claimed hours, doing what ? I was in management when it was introduced, made miniscule amount of work.
I get irritated now when people say they can't do something because of GDPR. When I ask for relevance things change...

[scot22]

Many thanks. We have had RICS surveyors but no one drilled to test.
The leaseholder is not cooperative and just wants what she wants.
The floor has no sign of bounce.

[scot22]

Do not take it on. You would have the same duties and responsibilities as any company secretary.
in 1). you refer to workload not being fairly shared . I often say if everyone did a little no-one has to do a lot. However rarely happens.
Engage a company secretary then everyone makes a...

[scot22]

Yes, interesting. However what about the statute law ?

[scot22]

No, 2nd floor. Wooden lintels are fine and no signs of problems with wood floor.

[scot22]

My reading of 1985 Landlord and Tenant Act section 42, is a reserve fund containing service charge monies must be held on trust, in a designated account in a relevant financial institution. ; is that it needs to be in a separate account. Not sure about interest but that's pitiful anyway !

[scot22]

Thanks andy. First option was wanted but blocked. Won't bore with details.
Have been told internal render/tanking will just switch problem elsewhere.
Further query internal work is leaseholder responsibility. However, arguing Freeholder should pay because wall not keeping water out c...

[scot22]

Thanks. These things have been checked and, unfortunately, it's the wall. Even more unfortunately an unusual leaseholder.

[scot22]

FF , you have said what the surveyors who know their stuff have said. Unfortunately, a complication from an unusual lease holder introduced. I'm with you all the way.

[scot22]

Thanks that is extremely helpful. Is it too early to comment on how effective it's been ?

Think we are probably paying too much but as I've said it's complicated !