Court form received help requested

Snakes_Belly

Snakes_Belly said:

Further to my comment above the management company that manages the flat that I rent out sends copies of accounts each year. As mentioned above there is a different charge for each service and the charges are apportioned for each type of property to which they apply. 

Do you mean breach of the covenant? The parking spaces are freehold not leasehold. 

Trying to get my head around this as there are many issues.

The management company have introduced this PPC and as freeholders the OP appears to have been not allowed to vote on this. The MC are saying that by paying the monthly management charge that they are agreeing to the introduction of the PPC. That cannot be.  

sadwithoutmynelson

So yes thats correct that we pay alot less than the flats. We are only three freeholder houses on the side on my estate and we each have 2 parking spaces. I have tried several times to "opt out of the parking scheme but the estate management company refuse to let me saying that I cannot opt out. I have explained to them a 1000 times that its my parking spaces and i should be able to park without a permit and let whoever I want park there  as my choice especially as the permit system doesn't work. As soon as I move my car,  random people will park there. Yet noone else has ever been ticketed except for me! So id rather opt out but they just won't allow me to. Iv have tried to opt out so many times. 

My neighbour is happy for me to write the letter and he will sign it. I have already forwarded my original bundle which was the same as the previous time . So i would need to add this in... 

sadwithoutmynelson

So originally when purchasing the property,  many of us were told we would have an electric gate system. Noone had written documentation of this . And so we got manual gates taht never worked or got vandalised regularly apparently as they weren't practical to those living here. They then told us due to some of the flats being let out, its unlikely they will get agreement for electric gates so they would get a parking company to manage the area as a cheaper option . Thats all we were told...

Snakes_Belly

"They then told us due to some of the flats being let out, its unlikely they will get agreement for electric gates so they would get a parking company to manage the area as a cheaper option . That's all we were told..."

They sound a poor management company. I would have thought that electric gates would make no difference to whether the flats were rented or owner occupied. The owner usually pays the management charge to the MC which in the case of a landlord would be tax deductible.

I guess any complaint to the landowner regarding the management company will fall on deaf years as there is no relationship between you and the landowner other than they have appointed the management company.

Anyone considering buying on a mixed development should read your thread. As land becomes scarce these developments will increase and it is more cost effective to put parking spaces at the back of the property in a communal car park.   

Snakes_Belly

Note that any document that you send to the court, you must send a copy to the claimant/claimant's representative. 

sadwithoutmynelson

Makes me think twice about a new build again. They are the worst management company and we seldom see the cleaning etc and yet if we raise that point they bite our heads off. The landowner is the development company and they won't do anything about the parking situation or the management company since they dint feel it and anything to do with them and its between me and the management company....

nosferatu1001

Not a letter

A formal sign witness statement 

also you're being too nice! 

Instruct the mc to cease and desist from their trespass on your freehold land, from their tortious interference with your title to the property, and from their breach of the covenant. They have 14 days to confirm they will cease and have instructed their agents to do the same. Any further evidence of breach of this instruction will give you little choice but to have a court injunction obtained against them. You will also sue for damages. 

sadwithoutmynelson

Ok I will write up a witness statement. 

With regards to the management company,  I have out emails in my bundle that showed a repeated attempt to stop them managing my freehold spaces but they kept saying they don't belong to me . 

nosferatu1001

The MC stuff is NOTHING to do with this current court claim! Nothing 

This is a separate action you take directly to the mc. You include a copy of your freehold title and INSTRUCT them as I've told you above. This is about fixing this permanently and teaching those mc idiots a lesson. 

Fruitcake

sadwithoutmynelson said:

Ok I will write up a witness statement. 

With regards to the management company,  I have out emails in my bundle that showed a repeated attempt to stop them managing my freehold spaces but they kept saying they don't belong to me . 

If the Land Registry entry shows your name against the parking spaces then they belong to you. If it shows them as leaseholder spaces then you own the right to use them but do not own the land upon which they sit.
If you own them then you have exclusive rights to do and not do whatever you wish with them. If you lease them then the terms of your lease will apply, which cannot be changed without a ballot of all leaseholders and the landlord, and a majority in favour of the change must prevail in accordance with S37 of the Landlord and Tenant Act 1987.