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Lease renual issues

2»

Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Simonr66 wrote: »
    Surely not everyone needs to sign the paperwork, if you all own a share in the freehold then all you need is a majority in agreement to make the changes.


    Happy to be corrected

    Where in the OP did it say that the leaseholders own a share of the freehold?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Slithery wrote: »
    Where in the OP did it say that the leaseholders own a share of the freehold?
    Nowhere. Though the OP did (I supect erronously) state:
    all the flat owners are the lease holders, its run as a company where every flat owner is a shareholder.
    I suspect the OP meant 'the flat owners are the freeholders'. Just a guess!
    Surely not everyone needs to sign the paperwork, if you all own a share in the freehold then all you need is a majority in agreement to make the changes.
    The 'freeholder' ( ie the company in which each flat owner has a share) can probably take the decision to re-issue the leases on a majority vote ( depending on the company's Articles of Association).

    But the 'freeholder' is just one part to each lease. Each individual leaseholder would have to agree to the freeholder's suggestion, and as I said in post 2 above, the leaseholders cannot be forced to change their individual lease.
  • SylviaB
    SylviaB Posts: 7 Forumite
    Thank you for all the comments, I was able to take some advice from this and have composed an email in which I have reminded the ‘guilty’ ones that breaching the lease might have legal consequences, as at the moment more than half of the flats are guilty of this.
    I will be happy to receive any more advice/suggestions.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    SylviaB wrote: »
    Thank you for all the comments, I was able to take some advice from this and have composed an email in which I have reminded the ‘guilty’ ones that breaching the lease might have legal consequences, as at the moment more than half of the flats are guilty of this.
    I will be happy to receive any more advice/suggestions.
    In what capacity are you sending the email?


    Given some of the very dubious wording in your posts above(eg confusing 'leaseholders'and 'freeholder'?), it might be wise to get the wording of your email checked before you send it.
  • SylviaB
    SylviaB Posts: 7 Forumite
    edited 17 April 2019 at 11:21AM
    Well luckily I didn’t use any wording such as leasehold or freehold in my email. But have used the word legal consequences which worked a treat and this morning I’ve received copies of signed documents.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 17 April 2019 at 5:31PM
    Oh I feel tons better thanks!


    (to explain, SylviaB's post 16 had a (now deleted) comment of dubious intent........)
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