Help with what stage and lease wording please!

Brundlecat

Further update, they finally told me who the landowner is but also stated this:

The landowner is our client XXX. However as per my comments below the RMC is in day to day control and we have no legal rights over this issue

Is this right?!

Brundlecat

Hey all

Sorry to bump but if anyone can help me on the accuracy of that last comment I'd be ever so grateful as they are asking me if I am happy to consider my complaint to the Landowner resolved based on that feedback... but I'm a bit dubious...

Cheers!

Brundlecat

I have done further research on the leasehold advisory service and have found the below information in regards to a Right to Manage company (which I assume in this case in the Residents Management Company at my block of flats):

It is important to be clear as to the powers that are transferred. The day-to-day functions and responsibilities of the management of the building pass to the RTM company and, as a consequence, the original manager is no longer entitled to perform those functions. The landlord is still, however, the landlord under the lease and is therefore responsible for the performance of the land-lord’s covenants outside the general duties of management, for example, for providing quiet enjoyment and rights of support of the flats.

From this I would take that the landowner has not waived their legal right to intervene on a residents complaint in regards to 'quiet enjoyment'? Would I be correct in this assumption? That said it also says that

the leaseholders’ covenants, or obligations, under the lease become the responsibility of the RTM company

...so maybe they don't have the right to step in? (As stated before, the covenants of my lease do not state a need to display a parking permit, only that the management have the right to introduce new services for the benefit of the residents.)

Hmmm. Confused.

Brundlecat

Hi All

I just thought I would update this thread to say that I was persistent with the landowner in my complaint and the result is that they suspended all of the tickets. At least that s what they said in an email which I have filed. That was maybe 2.5 months ago and we have heard nothing from the PCS since so it's looking hopeful but obviously, I have kept everything just in case. Main point: Keep complaining and being a royal pain in the a*se

Thanks for all of the help received on this thread!

BC

Coupon-mad

Great news! Sorry you didn't always get answers earlier, we do get busy and threads get missed sometimes.

Have you seen this summary of the latest position re residential parking case law and recent county court decisions in favour of residents?

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

You should all now be pushing for an end to the regime completely on the basis that it interferes with your lease rights and (implied or express) covenants allowing quiet enjoyment. Get them kicked out.

Brundlecat

Thanks C-M I didn't see that, very interesting, have saved to my bookmarks in case this comes back to bite me again in the future! ;-)

BC