User Profile

[eagle2]

There should be a lease agreement in respect of the 122 years and that will set out your rights and obligations. All that has happened is that the freeholder has changed. You should be able to obtain a copy of the lease from HMLR. Who is paying for insurance and repairs? What does the management company...

[eagle2]

I do not understand, you say that you have a lease with 122 years remaining so you should have a lease document which you can supply to a purchaser. If you or a purchaser wish to extend the lease, you would need to apply to the company which now owns the freehold and you would need to agree an amount...

[eagle2]

An under-let is subject to a renting agreement and an under-lease is subject to a leasing agreement, the contractual commitments are different.

I think that you only need to seek consent to letting under clause 25.1 which does not permit the landlord to charge a fee. The landlord cannot...

[eagle2]

I read clause 27 to refer to the disposal of all or part of the premises. The term under-letting was used in clause 25 and the draftsman would surely have used the same term if that was intended to be included under clause 27....

[eagle2]

Clause 25.1 does not give the right to the landlord to charge a fee and the condition is therefore unreasonable. The landlord is not to withhold consent unreasonably and as he has imposed an unreasonable condition, there is no obligation for you to obtain the consent to the particular underletting at...

[eagle2]

Well done for persevering, I would frame the letter. Thanks for coming back to us with the update.

[eagle2]

The chances are that the freeholder was aware that the share of the cost would be much more than £500 but he set the initial amount low in order that you would agree.

Now he appears to be trying to apply pressure on you to accept the additional charge of £1,000.

I would ask...

[eagle2]

I agree that you should ask the freeholder to specify which clause of the lease permits him to charge you anything at all. Estimates may be amended whereas quotes are fixed prices, so it is better to insist on quotes in future.

What exactly did you agree to pay eg did you agree to pay a...

[eagle2]

It follows that without minutes, there is a lack of evidence that a meeting took place or that any proceedings took place or that any appointments were valid....

[eagle2]

As s249 CA 2006 states, minutes are evidence of proceedings at a meeting....

[eagle2]

Haha, "non" should be removed from the last sentence of #42

[eagle2]

It is usual to keep minutes at the registered office with the statutory books but the directors can decide to hold them elsewhere.

I am not sure that non compliance is very low, in my experience someone is usually appointed to take minutes of meetings and they are generally available....

[eagle2]

s248(1) Companies Act 2006 requires every company to record minutes of all proceedings at meetings of its directors, s248(2) CA 2006 states that they must be kept for 10 years from the date of the meeting and s248(3) CA 2006 states that an offence is committed by every officer of the company who is...

[eagle2]

The RMC is required to keep adequate accounting records s386 Companies Act 2006 and they must be kept at its registered office or such other place as the directors think fit s388(1) (a) CA 2006 and must at all times be open to inspection by the company’s officers s388(1)(b) CA 2006.

If...

[eagle2]

I have known directors of a RMC change the access and log in details for a bank account at Barclays....

[eagle2]

The accounting records belong to the RMC and as a director, you are entitled to inspect the bank statements.

Whether or not you should apply to the agent, assuming one is appointed, or to the Bank depends on the title of the bank accounts and the bank mandate. You may be able to arrange...

[eagle2]

If the parties to a contract have changed, there is a different agreement which may require a separate consultation process.

Beware that with QLTAs, the freeholder can apply for dispensation from following the consultation procedure.

Your better option may be to challenge the...

[eagle2]

It is not uncommon for agents to select weak persons and recommend that directors appoint them as directors. I recommend that you read the minutes of the directors’ meetings, you should be able to learn what steps were taken to check the reasonableness of the terms of the management agreement and...

[eagle2]

A leaseholder who has paid monies is entitled to complain if works are not carried out when they are required, indeed unless the agent manages efficiently, he could find that no-one pays service charges. I have no doubt that the agent will ensure that there are sufficient funds to pay his own charg...

[eagle2]

If he has not already done so, you should ask the agent to disclose all income, commission and other benefits received from managing the property.

Most agents have a team of handymen they can send round to properties and it should not cost £37.50 to change a light bulb. Arrangements can...