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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience:  Over 5 years in practice
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How can I obtain the signed management questionaire from an

Customer Question

How can I obtain the signed management questionaire from an obstructive neighbour who has a 50% share with me of the freehold, so that I can sell my property?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What are the payments that he is objecting to in respect of, and how much are they for?

What are the changes that he has asked for on the questionnaire?
Customer: replied 3 years ago.

There are two main objections regarding payments from from joint maintenance fund.


1) Payment to the accountant of £300. He was aware of the accountant as he questioned why I had appointed one and I said that the lease asks us to appoint one to audit the books. He never objected to it until now because he is disgruntled that I objected to his extension based on 'trespass'. The neighbours also objected for the same reason. The council did not approve of the drawings.


I have offered as a good will gesture to return the money but he still has not replied and my lawyers are getting extremely frustrated with him.


2) This payment was for a UVPC window £510 that replaced the existing one because he failed to inform me of the severe damage to the wall and subsequently my window frame was so soft through the rain that it could not be saved. He also made it very difficult to builders to gain access to the back garden and it was not done for a further 3 months. He sent me an email agreeing for my back windows to be done including the kitchen window. He was away and I made the decision to change the frame with the maintenance fund as window frames were included in the lease. He could have thought it was to be renovated and painted but this would have cost more than the UVPC window.


The changes to the questionnaire were;


He did not agree that the reason for the conversion not going ahead was the restrictive covenants that does not permit building onto the property. So to please him I agreed and said it was the outcome of the planning application. He has not responded.


That works to the front of the house was not scheduled for spring 14 but to be asap. I accepted it to be asap but suggested he speak with the new purchaser. He has not responded.


That the maintenance payments be increased to £50 a month. He says he agrees to this although following several emails he had never responded so I documented that I was yet to hear from him related to this. He has not responded.







Customer: replied 3 years ago.
Relist: Incomplete answer.
I need a lawyer who deals with neighbour disputes and property law
Expert:  Jo C. replied 3 years ago.
Thanks. The reason you are experiencing delay is that you have relisted this.

The dispute between you and the other freeholder over the payments is one thing and him being required to complete the questionnaire is another, and he cannot withhold the questionnaire because he has another issue with you.

Details of the disputes can go in the questionnaire.

You already have a solicitor who is dealing with your sale who should write to the other freeholder advising him that if you lose your sale as a result of this delay, you will be taking the other freeholder to court for substantial damages and adverse legal costs. That is more of a paper threat to be honest but worth saying. It isn’t one to take to court.

He should also tell the other freeholder that if the reply is not forthcoming by Friday, 21 February you will make an emergency application to court for an injunction order for “specific performance” to make him complete the form and you will ask the court to award substantive adverse legal costs against him.

Can I clarify anything for you?

Customer: replied 3 years ago.

Thank you, XXXXX XXXXX my expectation of my lawyer but she says I needed to go to another lawyer for that!! As that's another specialty!! Very odd, I thought it was all of the same thing.


I appreciate that answer and will get on to it.


Kindest Regards



Expert:  Jo C. replied 3 years ago.
It may not be her area but there is no reason for her not to threaten it, even if she does not do it automatically. At least then, you save the cost of a letter when you go to another firm. It may just spur the freeholder into action getting the letter.
Customer: replied 3 years ago.

Yes I agree!! I've provided my solicitors with all the evidence of him agreeing for works to be done and so I think it's up to the new purchaser, who happens to be a builder (as i've lost the last one!!) to decide if that's enough to satisfy i'm in the right. My neighbour has contacted my solicitor saying that he agrees to all the questions other than 3 points and I have agreed to his changes so they have that as well. It's just madness and my neighbour is just being childish.


Thank you for your help, you've been brill. You don't want to do the letter for me do you? ha ha

Expert:  Jo C. replied 3 years ago.
HAHHA! I'm not allowed to do that under the rules of this site.

In any event, a solicitors letter is more persuasive.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile

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