Section 20 and Right To Manage

[Benzo]

Macromia,

You will I think want to read this recent Upper Tribunal decision which seems to have a significant impact on your situation and (if I've read it right) strengthens your case considerably.

http://www.leaseholdreformnews.com/l...367-lra162018/

[Benzo]

The key bit there is 'who shall be entitled in his absolute discretion to revoke such consent at any time' - so I don't agree that (legally speaking at least) it would be 'very difficult to 'revoke' my consent or similar because I would be dealing with the owner of the property (rather than a tenant...

[Benzo]

Wayleaves only apply to new sites which do not have BT lines installed - i.e. portacabins, new postcodes, new builds, et al.What you're talking about as a 'new line' is actually merely new cable that's being laid to 'reactivate' an existing stopped line. I appreciate that sounds like sophistry but it's...

[Benzo]

I hear what you're saying but it's not the forfeiture action that's the problem per se but the legal costs associated with it, which are recoverable from the leaseholder, irrespective of the justice or success of such an act. I myself was targeted by my freeholder for a 'breach' which was not a breach...

[Benzo]

I hear what you're saying but I think there's a difference between being ripped off due to a known and being ripped off due to something you couldn't possibly have known.

We are all sympathetic to people who've suffered leasehold abuse, irrespective of the reason, as we should be. But...

[Benzo]

I agree on this. I don't actually think Commonhold fixes all problems, though it would certainly fix problems like the one I have (aggressive third party freeholder). But petitioning for Commonhold is a really good aim, and if we fall short of that aim, and end up with a) mandatory qualifications for...

[Benzo]

Speaking as someone who's been on the receiving end of these kinds of letters from solicitors, I would suggest doing it face to face or via email or via letter from yourself first would be better. Even if there is friction, a solicitors letter is likely to exacerbate the problem. Certainly when I received...

[Benzo]

Lawcruncher has given me some excellent advice in a separate threat on pets which clearly explains what 'nuisance' means in a legal perspective, and, frankly, it ain't pets - unless the tenant in question is fighting them, or training them to become a terrifying army which carries out his evil bidding...

[Benzo]

If they ARE linked they're supposed to say so on your service charge statements. Whether they are or not, it doesn't make a difference to the process, it just means if they are linked, the FH is more likely to object, so you'll need to get every part of the process perfect.

If you even...

[Benzo]

The implied right to access is not something you need to worry about I think. I was at a county court judgement a few months ago in which the freeholders' lawyers attempted to argue that while we had access to a bin area, we had no rights to the land which allowed access to the bin area. The judge very...

[Benzo]

I'm chair for an RTM company who've just won the right to manage at Upper Tribunal. We've not yet hand the handover but we anticipate this in the next two months. The MA have accepted the decision as of this week.

Do you have an aggressive or unethical freeholder? Those are the guys you...

[Benzo]

Thanks Gordon. We are demanding a handover date and I think the latest they can do it will be May this year - we're not yet able to confirm as they're ignoring our chosen MA. We have no plans to keep the existing MA on.

However we are interested in what they're allowed to do with regards...

[Benzo]

I suppose it depends on the legal definition of the word 'kept'?

[Benzo]

Morning kiddos

I was after some general advice on the chronology of Section 20 and Right to Manage applications, and which takes precedence when.

Some background: our managing agents have been threatening major works for the last two or three years. Their previous go at major...