Trespass

Q: On our estate (we own the land) there are two courtyards of garages, about half of which are owned by the residents. A non-resident owner has recently changed the door to an unused garage and dumped the old one on our land! We never see the owners. I have an address and phone numbers. […]

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Insurance

Q: I am writing regards Employer’s Liability insurance, which used to be included as part of our buildings insurance policy, but is no longer covered. This has made us a little bit concerned, although we do not actually employ anyone, so believe the cover would not cover anyone anyway. We were wondering however, we do […]

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Extended Lease

Q: We own the freehold of the block and some of the lessees would like to extend their lease. The majority have a lease of 999 years from 25.3.1972. For those that don’t, we have negotiated a reduced fee for the solicitor that acts on behalf of the management company, but he says the lessees […]

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Lift Replacement

Q: We are a complex of 63 flats, we own our own freehold and a committee of residents acts as managing agents. We are embarking on an upgrade/replacement programme for our three elderly lifts. I’m sure this has been a path taken by many of the members of your organisation and we would welcome feedback […]

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Breach of the Lease

Q:Ā  It has been noted that a leaseholder of the association has rented another leaseholder’s garage for the purpose of a ā€œHome Businessā€ i.e. used for packaging up parcels for delivery. The leaseholder’s flat is the home office for a business and I have checked our ā€œLeaseā€ and note Section 2 (14) states -and not […]

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Dissolving our Management Company

Q: Owing to a complete lack of volunteers to manage our block of 10 residential flats we intend employing a managing agent.Ā At a meeting with a potential agent we were informed that they did not have any contact with Companies House.Ā  This left us with no choice but to abolish our limited company and become […]

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S20

Q: The freeholder of a small (4 flat/house) group has decided to re-roof the property. However, the management, communication and decision making has been poor. Ā The property is not eligible for self-enfranchisement, nor purchase. The leaseholders are, therefore, considering mediation to bring the freeholder and leaseholders to a mutual understanding of the best way ahead. […]

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Share Certificates

Q: Talking to Bob Smytherman at last night’s LEASEHOLD Conference he suggested sending a copy of our M&A as we were unclear whether share certificates should be issued to Leaseholders, which we have never done.Ā  All new leaseholders receive is a membership certificate for a small charge. Ā  FPRA Legal Adviser Nick Roberts replies: I […]

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Changing Managing Agents

Q: The management of our 24 flats have never been very responsive and they have been taken over by a much larger, remote company. We find it difficult to get them to respond to us and they are constantly tardy in paying our gardener, cleaners and window cleaner. We would like to employ local management […]

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Formal Complaint

Q: Our residents’ committee is eager to make a formal complaint about mismanagement of the Service charge account. Previously the managing agents have suggested that such a complaint must be disclosed to potential flat purchasers and could jeopardise sales. Is this reasonable? Ā  FPRA Committee Member Shaun O’Sullivan replies: The solicitor acting for the buyer […]

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