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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 9626
Experience:  Dual qualified Solicitor and Attorney
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A freeholder of a small development of 8 houses are breaking

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A freeholder of a small development of 8 houses are breaking a covenant by altering the appearance of their property without consulting the management company for approval. (the owners of the management company all own a 1/8 share). whta should we do?
JA: What steps have they taken so far? Have they prepared or filed any paperwork?
Customer: no steps have been taken, its clear that we need some kind of advise
JA: Where is the house located?
Customer: B46 3LB
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have copies of our deeds and also copy of the deed of transfer for the management company. The owners bought the "company" after the developer went in to receivership for £1

Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Does the management company wish to enforce the covenant against the owner?

Customer: replied 17 days ago.
I think this may be the way to go but as all freeholders own a share we would be asking them all to contribute to any legal costs including the person breaking the covenant? This could have been avoided if the owner had not skirted around the fact that agreement should be given from the company. Its basically if this is allowed where does it stop?
Customer: replied 16 days ago.
hello can i attach my deeds

Thank you for the attachment, this is outside the scope of my expertise therefore I will opt out to allow another expert to pick this up.

Customer: replied 16 days ago.
File attached (5VZQV67)
Customer: replied 16 days ago.
File attached (65PP11Z)
Hello,
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Customer: replied 16 days ago.
I can wait

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I will endeavour to help you today.

Customer: replied 14 days ago.
Thank you

You should bring legal action against the freeholder, this would need to be done on behalf of the management company. If you want to bring a legal case you should complete a claim form using form N1 here: https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7
Once done send it to your nearest county court: https://www.gov.uk/find-court-tribunal
You will need to contact them and pay the issue fee.
If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case property law. I trust this assists

Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 9626
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and other Property Law Specialists are ready to help you
Customer: replied 14 days ago.
Ok thanks

Happy to help, take care