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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I recently purchased a ground floor flat and with it a share

Customer Question

Hi,
I recently purchased a ground floor flat and with it a share of the freehold.
There are two other owners in the block, one who owns and lives in the basement flat and the second floor owner (above our flat) who has converted the second floor into 3 flats.
The second floor owner does not live there (i.e. he is a landlord) and he is also the Company Secretary.
Management of the Company is very informal, as noted above one of the other owners is a secretary. There is also no formal arrangement for maintenance and repair - i.e. no monthly or annual service charge.
The Company Secretary has ignored my letters requesting that the Company Share Register be updated to reflect myself and my partner are the new owners (we have the previous owners title deeds).
Further, we have sent the Company Secretary a letter noting that some work to the communal drains needs completing and he is ignoring this also.
We know that the Company Secretary is around.
Please could you let me know my rights and if i have a good basis to take him to court?
Kind regards
Alex
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.

Hello Alex my name is ***** ***** and I will help you.

Is there any response or just they are ignoring you?
Alex

Customer: replied 6 months ago.
HiThe Company secretary is simply ignoring all letters i.e. has not acknowledged themKind regards
Expert:  Ash replied 6 months ago.

ok - you need to write and ask for the things you want to be done (ie share register and drains) and say if its not done within 14 days you will seek a Court order.

If they refuse then you can issue proceedings. You would need to complete forms N1:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The Court will set the matter down for hearing and decide whether to make an Order requiring the works to be done and share register updated.

If the Court does and they refuse this could be contempt of Court which they may be warned, fined or sent to prison

Can I clarify anything for you about this today please?
Alex

Customer: replied 6 months ago.
Thank youMy understanding is the Company Secretary is not fulfilling his duties by ignoring me in this way.Do you have any information you could share which summarises by rights?Many thanks
Expert:  Ash replied 6 months ago.

It would come under the Companies Act 2006. I dont have the specific provision to hand as its quite a large Act. But as a shareholder then you are entitled to be listed.

In any event if they are not carrying out the required works, this is breach of contract, which is common law.

Does that clarify?
Alex

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