RTM Private parking company

Le_Kirk

vaders said:

Am I correct in saying that under the Landlord and Tenant act 1987 37 5 (a) & (b) that the 2 criteria’s criteria have to be met.

Pedantry alert for incorrect grammar.  Doesn't matter so much on a forum, except it upsets the grammatically correct amongst us but if this goes to law it is important to use the correct wording and grammar. Criterion Criteria is the plural of criterion criteria and it would never take a grocer's apostrophe anyway!
Edited, thanks to @Umkomaas for pointing out my reversal.

Umkomaas

Le_Kirk said:

vaders said:

Am I correct in saying that under the Landlord and Tenant act 1987 37 5 (a) & (b) that the 2 criteria’s criterion have to be met.

Pedantry alert for incorrect grammar.  Doesn't matter so much on a forum, except it upsets the grammatically correct amongst us but if this goes to law it is important to use the correct wording and grammar. Criterion is the plural of criteria and it would never take a grocer's apostrophe anyway!

It's the other way around. 

LDast

vaders said:

Am I correct in saying that under the Landlord and Tenant act 1987 37 5 (a) & (b) that the 2 criteria’s criterion have to be met.

LDast said:

It is not a simple "consultation". It is a full legal process by Tribunal. Every leaseholder has to be involved. By "homeowner", do you mean leaseholder?

If you read the legislation it is a double requirement. In the case of leaseholders rather than tenants, it says:

Any such application shall only be made if in a case where the application is in respect of more than eight leases, it is not opposed for any reason by more than 10 per cent of the total number of the parties concerned AND at least 75 per cent of that number consent to it.

Yes. Both criteria have to be met, hence the highlighted "AND" in there.

vaders

Thanks all. I’ll be putting something together to be presented to the managing agent to halt this in light of the information I give them. 

Le_Kirk

Umkomaas said:

Le_Kirk said:

vaders said:

Am I correct in saying that under the Landlord and Tenant act 1987 37 5 (a) & (b) that the 2 criteria’s criterion have to be met.

Pedantry alert for incorrect grammar.  Doesn't matter so much on a forum, except it upsets the grammatically correct amongst us but if this goes to law it is important to use the correct wording and grammar. Criterion is the plural of criteria and it would never take a grocer's apostrophe anyway!

It's the other way around. 

Of course it is and if I am going to help people, I should at least get it right. I've edited my original but it still doesn't need a possessive.

vaders

Hi all.
I have to go down the legal action route. 

No budge on this one unfortunately.

Does anyone have any recommendations on legal advice or guidance on process?

Half_way

vaders said:

Hi all.
I have to go down the legal action route. 

No budge on this one unfortunately.

Does anyone have any recommendations on legal advice or guidance on process?

what have you said to them, and how have they responded?

vaders

I’ve highlighted the legislation and derogation from grant.

they said there’s no variation nor seek variation on the lease.

They have had legal advice previously and will not back down from it.

pinkelephant12

Leases usually have a standard regulations clause allowing rules to be made.  Transfers are rarely worded as loosely.  Can you post the relevant paragraph from the Transfer so that we can see what changes might be authorised.

In my (limited) experience, those who manage communal developments often exceed their powers because they think they can do whatever they want and that's not usually the case.

vaders

There are seven schedules. I’ll have a look at what stands out.