Directors causing harrassment

eddddy

ixedoc wrote: »

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!

To get around any GDPR type issues, you should have made it a condition of the parking space rental contract, that the renter consents to their details being passed to the freeholder.

(Similarly, you should have ensured that the rental contract reflected the covenants in your lease.)


Having said that, it does sound like the freeholders/ management co are being unreasonable.

That can occasionally be a problem with 'shared freeholds' - the building is being managed by a bunch of amateurs. And sometimes it's the power-crazed, narcissist who volunteers to be in charge.

Maybe ask the renter if he/she will sign a more comprehensive contract, and then serve notice on the freeholder.

NeilCr

eddddy wrote: »

To get around any GDPR type issues, you should have made it a condition of the parking space rental contract, that the renter consents to their details being passed to the freeholder.

(Similarly, you should have ensured that the rental contract reflected the covenants in your lease.)


Having said that, it does sound like the freeholders/ management co are being unreasonable.

That can occasionally be a problem with 'shared freeholds' - the building is being managed by a bunch of amateurs. And sometimes it's the power-crazed, narcissist who volunteers to be in charge.

Maybe ask the renter if he/she will sign a more comprehensive contract, and then serve notice on the freeholder.

Ahem.

:D

I've been a director of two estates over 15 years and can honestly say that neither I, or any of my fellow directors, could in any way be described as a power crazed narcissist. I do accept that they exist though. There is potential for one person to take control if there is a lot of apathy amongst other owners.

As suggested earlier it would be helpful to understand what this dispute was between the director and the tenant of the parking space. It does feel as if there is some history there or it was quite serious. However power crazed going straight to a solicitor's letter is extreme. Certainly, we'd be stopping another director doing this unless there was really good reason.

ixedoc

Yes we do own an apartment in the same complex

steampowered

Unless you have missed out large chunks of the letter, it doesn't sound like you know what they are referring to.

With regards to use of car parking space, usually that would be a "license". A license is not a "transfer, assignment, mortgage, underlease or devolution" of the "Property". Nor is it an "assign or sublet" of the property. I'm not sure whether the provisions they have quoted at you are even relevant.

Not sure whether that is an argument you want to engage in or not.

--

Dear Sir or Madam

Thank you for your letter of date xxx.

I note the reference in your letter to lease provisions which concern a nuisance or other obstruction. I am not aware of what you are referring to. I am disappointed that your client has failed to provide any details. Please would you elaborate as to what you are referring to.

I do not accept the allegation that I am in breach of my lease. Your letter does not provide any proper particulars of any such allegation.

Yours sincerely

ixedoc

eddddy

steampowered wrote: »

--

Dear Sir or Madam

Thank you for your letter of date xxx.

I note the reference in your letter to lease provisions which concern a nuisance or other obstruction. I am not aware of what you are referring to. I am disappointed that your client has failed to provide any details. Please would you elaborate as to what you are referring to.

I do not accept the allegation that I am in breach of my lease. Your letter does not provide any proper particulars of any such allegation.

Yours sincerely

ixedoc

It's probably better to direct any letters and requests to the management co, rather the the solicitor.

Solicitors tend to charge a hefty fee for each letter they receive or send - and the OP might end up having to pay the legal bill.