Can you assist us with a general enquiry regarding property boundaries. The boundary between our property and that of our neighbours has long been lost amidst a growth of shrubbery, but we have recently located located a line of old concrete fencing posts and strands of wire which probably indicate the exact boundary. As the […]
Archives: FAQs
RMC’s obligation to comply wit Landlord & Tenant legislation
We are a recently created RMC freehold owning company with 27 leaseholders having equal shares and votes in the company, which is also of course charged with carrying out building maintenance & repairs. I have just been appointed Director and Secretary of the company, and we have our first AGM shortly. I am beginning to […]
Controlling the sub-letting of flats
We are residents of a block of flats comprising six units, and we have bought the Freehold. Recently we asked our solicitor about the advisability of amending a clause in the Lease governing the question of sub-letting. Due to a bad experience with sub-let tenants we wish to tighten our control over any future ones. […]
Taking legal action against service charge non-payers
Our Residentsā Management Company is about to start legal proceedings against a house-owner who hasnāt paid any maintenance for more than 3 years ā they have only made one payment since moving in and are currently renting out their house. The company owns the freehold with home-owners each having a share. The complex consists of […]
Example letter to send to leaseholder in arrears
We manage our own block, and it all works well, except for one lessee who persistently fails to pay his service charges, and is currently building up considerable arrears. We would prefer not to consult a solicitor at this stage. Can you suggest how to write a firm legal warning to the offender. The FPRA […]
How to deal with leaseholders who won’t pay their service charge
We are a small management company with just 16 properties, but we seem to have considerable problems with service charge defaulters. Do you have any advice on how to deal with such people? Specifically, we were thinking of using a debt collection agency and were wondering if you have any advice in this regard. The […]
How to deal with service charge arrears?
We have a resident member who has stopped paying his monthly bankerās order for his service charge and has gone into arrears. We would like to help him with any problems which may be causing default, but he no longer answers our letters. We feel that we may well need to take legal advice, but […]
Qualifying tenants for Right To Manage
How do we prove we have the required 50% of tenants to go ahead with Right to Manage? The FPRA replies: Thatās not quite a correct interpretation of the legislation. On the creation of a RTM Company, āqualifying tenantsā are entitled to join it. You do not need 50% of the leaseholders to be on […]
Transferring shares and leases
We are a self-managing freehold company with 11 lessees, each one with an equal share in the Company. Some time ago, one of the properties changed ownership. We have been trying to establish and receive formal confirmation for some time. We have been seeking: A Notice of Assignment and if appropriate, Mortgage Executed Deed of […]
Forms of Authority
We have recently set up our residentsā association. Although we have a sufficient number of people who have paid the subscription fee, some have not returned the Forms of Authority. I canāt see anything in the FPRA Information Pack that suggests you must have these to act on behalf of members, but our consitution requires […]