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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15161
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I have a buy to let property in a coveted house (flat 3).

Customer Question

I have a buy to let property in a coveted house (flat 3). There are two other flats in the property which are owner occupied. We all have an equal share of the freehold.
We have self managed the communal areas of the flats for the last 6 years. We have generally worked on a majority vote to come to agreements and choose workmen.
One of the other flat owners (flat 2), has now decided that she will not cooperate with communal matters unless a management Company is employed. The other flat owner (flat 1) and myself are against this due to costs, and the fact that the communal space is so small that a management Company would not be necessary.
The owner of Flat 2 has become difficult to deal with and is not willing to negotiate fairly with us on the matter.
Do we have any legal rights on this matter? Or
What is the best remedy to get her to accept our wishes?
Submitted: 6 months ago.
Category: Property Law
Expert:  INC Law replied 6 months ago.

Hi,

Thank you for your query. What does the lease state regarding payment of service charges and maintenance of common areas?

Customer: replied 6 months ago.
Hello, the lease does not state payment of service charge so we have never paid a service charge. We have arranged works between ourselves up until now, and paid a share of all bills once received.
The lease is vague on maintenance of common areas. It loosely states redecoration should be done when needed.
Expert:  INC Law replied 6 months ago.

Hi,

If that is the case, I cannot see how she can insist in a management company. Furthermore, as the other two flat owners do not agree, I cannot see how she can compel you to agree to this.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 6 months ago.
She has threatened to take us to the land tribunal to impose a managing agent. She is refusing to take part in a cleaning rota and insisting professional cleaners are hired. What would be the best course of action to get her to be more reasonable. We have written email only to receive curt responses. Is a solicitors letter the next step?
Expert:  INC Law replied 6 months ago.

Hi,

Yes, I would suggest a solicitors letter would be the next logical step.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks