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My property is a share of freehold. If the Directors of the Freehold company are stating that I am in breach of the lease over a specific clause but have not written to other property owners in the block with the same, is this deemed as unfair?
In addition, the Directors have ignored many of the other clauses that have been breached by other property owners and seem to just be singling me out over this one clause.
Could I state to them that they have a conscious intent to treat me unfairly?
Could I argue that it is unfair prejudice or abuse of power?
What can I do and where do I stand legally?
Thanks for answering my question. To clarify, it is a residential flat within a block of flats where the leaseholders all purchased a share of the freehold.
I have looked through the lease and there isn't a clause about the Landlord acting reasonably.
The clause they are quoting from the lease states:
'Not to...make any alteration whatsoever in the plan or elevation (of the Demised Premises) either internally or externally...and not to make any addition temporary or otherwise to any part of the demised premises'.
The Landlord is made up of the Directors of the Freehold company who have requested that I remove my 'structure' from my garden which is actually a pergola. I also have fencing. I have argued that this is freestanding and a natural part of the garden, not an extension or a change to the plan or elevation. Other owners have sheds, fencing and furniture in their garden which are also temporary additions. I have been advised to state that the pergola is not a change to the plan or elevation and as this was originally raised in 2008 and left by the Freeholder, it was affirmed due to the passage of time.
Are you saying that the Directors can do whatever they choose, pick on one person because they don't like you and turn a blind eye to everyone else and there is nothing and no law that protects you?