Do management company have to allow communal access in repossession case?

Willowpop

Hi guys,
Not sure if anyone can help here with a bit of advice.
I live in a block of flats that the flat owners self manage via a Ltd company that we are all shareholders in. (Rather than paying for an outside company to manage the properties).
Have received a letter today from a solicitors asking if the management company will let them have a key for communal access to aid repossession of one of the flats. They are acting on behalf of the flat in question's Mortgage supplier.

What I was wondering is whether the management company is legally obliged to hand over a key to the communal front door?
If it makes a difference, I am in England.
Can anyone help?
Thanks in advance.

molerat

I would say no legal obligation

but

if you do not assist them with their request they will use a locksmith who may damage the lock and replace it causing administrative problems in ensuring everybody has the new key.

Why not suggest an alternative arrangement that someone will let them in on the day.

Willowpop

That sounds like a good idea, Molerat.
I'm just not sure what good gaining communal access will do them..they still have to get into the property that's being repossessed. Can they force their way in there? There is no way we can make several appointments a day for them to be nipping round to see if they can catch the person in.
Equally, I also don't want to hand them my spare keys to the communal door so they can come and go as they see fit.

Also, is this all before the person has left or after? I don't really want to be seen to be involved tbh!

davidmcn

Willowpop wrote: »

I'm just not sure what good gaining communal access will do them..they still have to get into the property that's being repossessed. Can they force their way in there?

Yes, of course - they'll have a court order entitling them to evict the owner and change the locks. They'll be less keen to change communal locks except as a last resort, but essentially they're stepping into the owner's shoes so will be entitled to access.

G_M

If they have repossesed via the courts they can force access to the flat.

Surely it make sense to facilitate their entrance to the communal areas (either via providing a key or perhaps as suggested via an agreed time to let them in).

They can then enforce access to the specific flat.

The alternative involves damage and disputes over compensation. Why go down that route?

But I'd advise ensuring you see evidence of the court order to ensure they are legit.

Willowpop

Ok, so without a court order they can't force their way in?
(Sorry if I seem stupid, I've just never come across this situation before).

I think I will suggest that a letter is sent back asking to see the court order, as suggested. It was just a 1 paragraph letter that has arrived asking for a communal key, on letter headed paper. Nothing else in the envelope.

Willowpop

I definitely want to avoid damage if possible as even if each flat is given a new key to the communal door, we'll still end up out of pocket individually as we'll need spare keys cut... For example, we have 5 copies of our front door key ...4 in use and a spare. I'll bet we wouldn't get 5 replacements!

Dave_the_Ginger_Cat

Yup, they need a court order to get in. And a very specific one - for eviction on a specific date and time.


I would agree in principle on the understanding that you'd only release them on production of said court order.


It will save locksmith costs and noise.


I would arrange temporary access for them on the day, and once the property is firmly in the hands of the mortgagee, discuss how to allow them permanent access.

You'd be surprised how many people come up with the cash on the morning of an eviction.

Dave_the_Ginger_Cat

Willowpop wrote: »

I think I will suggest that a letter is sent back asking to see the court order, as suggested. It was just a 1 paragraph letter that has arrived asking for a communal key, on letter headed paper. Nothing else in the envelope.

They are probably trying to prepare, but they are not entitled to it yet.

Willowpop

You guys are all awesome. Thanks so much.
I will do all you have suggested and see how that goes with the solicitors.
I want us to stay legal obviously, but don't want to go above and beyond and hand out keys willy nilly!

Willowpop

Just incase someone ever reads this thread in the future, I thought I would add an update.
I spoke with the solicitors today who wrote to the management Co and they explained that the management Co has no legal obligation to let anyone in via the communal door , and their bailiffs etc have no power to force entry if the communal door is locked. They can enter if it's unlocked or they are let Iin by another resident, and they can tailgate someone in through the door Iif they are not stopped, but can't get in by force if it's locked. Eventually, after several visits they can get the police involved who can force entry and damage the communal door.
They also said 99% of the time the management company doesn't assist them with gaining entry in repossession cases.