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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I own a flat in a converted victorian house, splitted in 5

Customer Question

I own a flat in a converted victorian house, splitted in 5 flats.
We are all owners and we just got the freehol from the previous owner, which we are now sharing.
I want to hire a building management company to manage the building.
All the other 4 owners disagree, and want to do everything by themselves.
We need to create a bank account, manage contribution, manage routine services as well as emergencies.
We are all very busy, and they don't care about maintaining the property, cleaning common areas etc...
I can foresee lots of problems, and i would like to know my rights.
My situation also difers from them as my flat doesn't have a commom entrance.
They all share the same entrance. So if they need to do work on these common areas, that i don'thave access, do i have to pay?
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What does your lease say about maintenance of the common areas?

Bearing in mind that there is a 4/5 majority that do not want to pay a management company, what are you looking to happen?
Customer: replied 3 years ago.

I am attaching the lease. It is a bit confusing to me.


 


Yes, I am the minority, 1/5. But if they set up a bank account for the building, they are thinking of having a monthly contribution per flat of 50 pounds.


 


The same way they don't want the building management company, am I oblige to contribute?


 


Plus, what if there are costs common to the 4 flats only?

Attachment: 2014-04-07_122027_lease_gisela_sellersmallpdf.com.pdf


 


Thanks


Gisela

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

yes, please continue.


Gisela

Expert:  Nicola-mod replied 3 years ago.
Hello Gisela,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  tdlawyer replied 3 years ago.

Hello. I'm sorry you've had to wait a short while for a fuller answer.

You might want to have a look at this: http://www.flat-living.co.uk/advice/511-the-right-to-appoint-a-manager

And this: http://arma.org.uk/leasehold-library/document/appointment-of-a-managing-agent-by-a-tribunal/page/1

Between these two, they give some useful information about s.24 of the Landlord and Tenant Act 1987 which gives the right to any tenant to apply to the leasehold valuation tribunal to force a manager (or new manager) to be appointed to manage the flats. This is sometimes used where residents seek to manage the flats themselves and do not do a proper job of it.

The Tribunal does, therefore, have the ability to make the appointment against the wishes of the others flat owners (even if a majority).

Hope this is useful.

Tony

Expert:  tdlawyer replied 3 years ago.

Does this answer your question please?

Is there anything more you would like me to detail for you?

Tony