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Directors causing harrassment
ixedoc
Posts: 92 Forumite
We own a car park space on a leasehold agreement which I have rented out. Recently I was made aware that the fob was not working and the tenant got into a dispute with one of the directors. From being notified I sorted it out within 5 days and passed on a working fob.
I was asked to provide a copy of my contract- I asked for clarification on this ie on what grounds did I need to show them my contract. I’ve not had any contact from the directors instead a legal letter quoting the following from the lease agreement:
2 (7): “not to permit or suffer to be done thereon any act or thing which shall or may be or become a nuisance damage annoyance danger detriment or inconvenience to the Lessor or the tenants or the occupiers for the time being of any other part of the Development”;
2 (8): “not in any manner to obstruct or impede the use of any Management areas whether by parking of vehicles thereon or in any other way”;
2 (9): “within one month of any transfer assignment mortgage underlease or devolution of the Property to give notice in writing of the same and of the names and address of the transferee assignee or other person or persons in whom any interest in the Property is thereby vested to the Lessor or its solicitors.
We would further refer you to your covenants with our client as set out in Para 8 of the lease and, in particular, the following sub-clauses:
8 (2): “that the Lessee will not during the term assign or sublet the Property to any person who is not the registered proprietor of a flat within the Development”; ( my contract is with a registered proprietor of a flat)
8 (3): “that the Lessee will procure that any assignee will at his own expense enter into a direct covenant with the Lessor and/or the Management Company to perform the covenants on the part of the Lessee contained in this lease....” ( I’m not sure what this means?)
Therefore concluding that I am in breach of my lease agreement and that
1. I should terminate my contract.
2. if such an agreement does exist then please disclose a copy of the same by return. Please also provide a copy of the written notice given in accordance with Clause 2 (9). ( I don’t understand this- the way I read this clause is that this only applies if we sell this space??)
3. They want me to pay their solicitors charges
4. They will recommend that “Given the serious nature of your breach and your disregard to the same to date, we will now be recommending to our client that they make an application to the Land Valuation Tribunal – Wales seeking a determination of breach of covenant pursuant to s168 of Commonhold and Leasehold Reform Act 2002 as a prerequisite to serving a notice of forfeiture of the lease.”
Advice please.
I was asked to provide a copy of my contract- I asked for clarification on this ie on what grounds did I need to show them my contract. I’ve not had any contact from the directors instead a legal letter quoting the following from the lease agreement:
2 (7): “not to permit or suffer to be done thereon any act or thing which shall or may be or become a nuisance damage annoyance danger detriment or inconvenience to the Lessor or the tenants or the occupiers for the time being of any other part of the Development”;
2 (8): “not in any manner to obstruct or impede the use of any Management areas whether by parking of vehicles thereon or in any other way”;
2 (9): “within one month of any transfer assignment mortgage underlease or devolution of the Property to give notice in writing of the same and of the names and address of the transferee assignee or other person or persons in whom any interest in the Property is thereby vested to the Lessor or its solicitors.
We would further refer you to your covenants with our client as set out in Para 8 of the lease and, in particular, the following sub-clauses:
8 (2): “that the Lessee will not during the term assign or sublet the Property to any person who is not the registered proprietor of a flat within the Development”; ( my contract is with a registered proprietor of a flat)
8 (3): “that the Lessee will procure that any assignee will at his own expense enter into a direct covenant with the Lessor and/or the Management Company to perform the covenants on the part of the Lessee contained in this lease....” ( I’m not sure what this means?)
Therefore concluding that I am in breach of my lease agreement and that
1. I should terminate my contract.
2. if such an agreement does exist then please disclose a copy of the same by return. Please also provide a copy of the written notice given in accordance with Clause 2 (9). ( I don’t understand this- the way I read this clause is that this only applies if we sell this space??)
3. They want me to pay their solicitors charges
4. They will recommend that “Given the serious nature of your breach and your disregard to the same to date, we will now be recommending to our client that they make an application to the Land Valuation Tribunal – Wales seeking a determination of breach of covenant pursuant to s168 of Commonhold and Leasehold Reform Act 2002 as a prerequisite to serving a notice of forfeiture of the lease.”
Advice please.
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Comments
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Get a lawyer involved on Monday morning.0
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2 (9): “within one month of any transfer assignment mortgage underlease or devolution of the Property to give notice in writing of the same and of the names and address of the transferee assignee or other person or persons in whom any interest in the Property is thereby vested to the Lessor or its solicitors.
Please also provide a copy of the written notice given in accordance with Clause 2 (9). ( I don’t understand this- the way I read this clause is that this only applies if we sell this space??)
What do you think your letting of the space is, if not an "underlease" or a "devolution"?0 -
Are you telling the whole story?
The solicitor's letter makes it sound like there's been a few disputes going on.
If you're saying that the freeholder (or their management co) has not acted reasonably by referring this matter to their solicitor - you might have grounds for arguing that it's not reasonable for you to pay the solicitor's bill.
But if they have made reasonable attempts to discuss things with you before escalating to their solicitor - your lease probably requires you to pay the solicitor's bill.
In any case, you need to follow the 'rules' specified in the lease.0 -
There has to be more to this...
The fob "stopped working" and the tenant "got into a disagreement" with one of the directors of the freeholder and/or management company. Then you get reminded about not suffering annoyance/nuisance/damage.
My money's on the tenant consistently behaving inconsiderately in the car park - perhaps parking badly, perhaps causing noise etc - and having their fob cancelled as a result.0 -
It seems you have sublet your car parking space to another owner in your building. And in doing so have failed to notify the landlord of this. If you have, then you can regularise the position by serving notice on the landlord of the disposition. This almost certainly is not enough to give rise to the landlord's rights to terminate the lease (but at the moment, the landlord might not be aware that your subletting of the space is to another owner).0
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Does the definition of "Property" include the parking space?0
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What was the nature of the dispute between the director and your tenant.
It does seem to turn on this.0 -
That’s right I own an apartment with the car park and rent both out.OP, can you clarify your position? You say you own a car parking space on a leasehold agreement; do you own (lease) a flat in the development too (which you then rent on an AST)? Or, do you only own the parking space (which you rent to someone, who presumably does not live in the block of flats, on a standalone basis)?0 -
This is the whole story, believe it or not! We were notified that the fob was not working and we organised for a working fob within 5days. I was asked to provide a copy of my contract to the management company, for which I asked for clarity as I felt this was in breach of GDPR. I was told the directors of the resident managing company ( of which both I and the tenant are shareholders) were seeking legal advice and did not want to speak to me further- Next I know I’ve been sent the legal letter!Are you telling the whole story?
The solicitor's letter makes it sound like there's been a few disputes going on.
If you're saying that the freeholder (or their management co) has not acted reasonably by referring this matter to their solicitor - you might have grounds for arguing that it's not reasonable for you to pay the solicitor's bill.
But if they have made reasonable attempts to discuss things with you before escalating to their solicitor - your lease probably requires you to pay the solicitor's bill.
In any case, you need to follow the 'rules' specified in the lease.0
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