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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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AlexAs discussed, here is the clause in the lease about

Resolved Question:

Hi Alex

As discussed, here is the clause in the lease about disputes and who has final say:

In case at any time during this demise any dispute shall arise between the Tenant and any other of the tenants of the Landlord relating to the premises to them respectively demised or to the Building or the walls structures roof fences passages sewers drains pipes or the drainage system or watercourses and other rights or appurtenances whatsoever relating or belonging thereto or any repairs thereto or the contributions in respect of the expenses of such repairs as herein provided or any nuisance or annoyance arising therefrom then and in every such case such dispute shall be determined by the Landlord whose decision shall be final and binding by the Tenant

I will write back with the statements as we discussed on the phone but if the Directors still pursue this and the management company say they have to come out to make a final decision, what will they base this on and where do I stand?

Do the management company have to take into consideration my statements that it is not a breach of the lease and was accepted in 2008 or do they have the right to ignore all that and tell me to remove everything simply because they choose to based on working on behalf of the Freehold company which is managed by the Directors who made the request?

Do I have any rights rather than being pushed about by them simply because one of the Directors chooses to not like it and has requested me to remove it?

I want to put this to a close now and win the matter without it going backwards and forwards so your advice is greatly appreciated as I am getting stressed because the flat is now on the market for sale and I don't want it to cause any problems with a sale.

Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a 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 1 year ago.

Hi, i used your telephone service on Friday with Alex W and we discussed this question. This is part of the question I asked on the phone but he couldn't answer this part without seeing the written clause in my lease so I said I would I post it for him.

Alex said he would be able to look at this question on Friday for me if I posted it to him But I am still waiting for a response. Please can you contact Alex W to ask if he can answer this question as it is rather urgent and also part of the telephone service I paid extra for.

Many thanks

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you. I have also sent this directly to Alex W.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve about the above please?
Customer: replied 1 year ago.

Hi Alex,

We spoke last Friday on the telephone when I paid for the telephone service via Just Answer. We discussed my garden pergola and fence in relation to my lease (I have share of freehold).

On the phone I asked you the question: if the management company advised me that they have the final say over disputes, are they acting on behalf of the Directors of the Freehold Company and so their decision is final? But what would they base the decision on and do they have to follow some guidelines eg the lease rather than whatever they feel like deciding?

You said that you would need to read the clause in the lease to determine about who has final say and how it would be determined. We agreed that if I copied the specific clause in the lease as a separate question, you would be able to answer the question so here it is.

Do the management company have final say or the Directors?

What guidelines should the management company follow if they are the ones with the final say?

If the Directors have the final say, do they have to follow some kind of protocol rather than just demand that I remove these items because they don't like them?

They mentioned something about checking to see if what you have done is in keeping with a garden. Is that how they determine if a pergola and fencing can remain?

Expert:  Ash replied 1 year ago.
The Management Company only has a final say if they have been given written authority by the Directors. The lease is very clear, it is for the Landlord. not the agent to deal with disputes and have a final say.The lease is clear on that point. Therefore it has to be the Landlord and NOT the Management company.Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

As it is share of Freehold, are you referring to the Directors of the Freehold company being the Landlord?

If so, they are the people that have requested I remove the pergola.

Can they just do what they choose or can I hold them accountable to having to follow some kind of legislation/protocol rather than acting on their personal whim?

Expert:  Ash replied 1 year ago.
They can't just do what they chose. It comes down to what we discussed last week. if you refuse all they can do is get a Court order.
Sadly these type of matters are not regulated by law.
Alex
Customer: replied 1 year ago.

If not regulated by Law, how do they obtain a court order?

Would that be on the grounds of breach of lease?

However if I am arguing that I don't think it is a breach based on what you advised about it being confirmed due to the passage of time and it is not a change in the plan or elevation, how easy is it for them to obtain a court order and is it costly and to which party?

Does that mean the clause in the lease is ultimately a matter of interpretation between 2 parties and if it is in dispute, there is no right or wrong but down to a court to decide?

Expert:  Ash replied 1 year ago.
They deal with it as a matter of contract.
They apply to Court for an order, you argue passage of time and any breach is affirmed.
They can apply to Court, whether they win is a different matter. The Court will decide as to who wins.
Costs, the losing party pays.
I hope that helps!
Alex
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