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Management Company failing in their lease obligations

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Comments

  • Mark_d
    Mark_d Posts: 1,942 Forumite
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    eddddy said:
    Mark_d said:

    One leaseholder has installed a keysafe on the entrance to the building. Maybe this is for convenience when letting out the property (AirBnB).  Maybe it is to allow friends/family to visit the property whilst the leaseholder is away.  

    Operating a AirBnB is likely to be a breach of the lease as well.

    But it might be worth trying to find out why the keysafe was fitted. Keysafes are often used by elderly and/or disabled occupants who find it difficult to answer their door, to allow carers, health workers, etc to get in to visit them.

    Your complaint might be seen as a bit heartless, if that's the reason.



    Leaseholders are able to get permission to let.  In terms of our lease I don't believe there's a distinction between the more traditional 6-month/1-year lettings or the more flexible AirBnB lettings.

    The lease states that items cannot be fixed to walls of the building.  The Management Company sent a note to all leaseholders advising them so, and requested that the keysafe be taken down.  Either all parties abide by the terms of the lease or the lease is worthless.

    I was on crutches with a broken leg for periods in the recent past.  This affected my ability to quickly answer the door for supermarket deliveries etc.  A genuine need doesn't mean that I can break rules whilst other leaseholders have to abide by them.
  • Mark_d
    Mark_d Posts: 1,942 Forumite
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    Bradden said:
    Mark_d said:
    Thank you for that prompt.  I'm often reminding others to go the formal complaint route however I seem to have missed it this time.

    Yes I have updated the Management Company every few months, providing evidence of the ongoing issues.
    I often see this mentioned but I've no idea what the difference is between a "complaint" and a "formal complaint"?

    Could you please explain what you mean

    Thanks

    If you raise an issue with a customer service agent, that is a complaint.  A formal complaint is one which follows a documented process, where there are specified timelines.
  • Mark_d
    Mark_d Posts: 1,942 Forumite
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    Considering some of the horror stories you hear, these issues seem pretty trivial. e.g.

    One resident uses the communal hallway as an extension of their flat, for storing a pushchair.






    Yes these issues are pretty trivial but it is a slippery slope.  People break the rules and get away with as much as they can.  This spoils the experience for leaseholders who abide by the rules.
  • Mark_d
    Mark_d Posts: 1,942 Forumite
    1,000 Posts First Anniversary Name Dropper
    user1977 said:
    Considering some of the horror stories you hear, these issues seem pretty trivial. e.g.

    One resident uses the communal hallway as an extension of their flat, for storing a pushchair.

    Indeed. I wonder how many hundreds of pounds in freeholder legal fees the OP wants to spend in order to get a pushchair moved?

    The lease is specific about what is and is not allowed.  It is also specific about what happens if parties (management company, and leaseholders) breach the terms of the lease.

    If I was to use the communal hallway as an extension of my flat, and moved my show cupboard and coat rack there...would that be fair on other leaseholders?  I would be benefitting but it would make the development look untidy for my neighbours.
  • eddddy
    eddddy Posts: 17,515 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 August 2024 at 2:21PM
    Mark_d said:

    Leaseholders are able to get permission to let.  In terms of our lease I don't believe there's a distinction between the more traditional 6-month/1-year lettings or the more flexible AirBnB lettings.


    You must have an unusual lease.

    Just about every lease I've seen has a distinction.

    They specifically say that a sub-let must not be less than 6 months.

    It's to specifically stop the flats being used as holiday lets, etc.

  • Mark_d
    Mark_d Posts: 1,942 Forumite
    1,000 Posts First Anniversary Name Dropper
    eddddy said:
    Mark_d said:

    Leaseholders are able to get permission to let.  In terms of our lease I don't believe there's a distinction between the more traditional 6-month/1-year lettings or the more flexible AirBnB lettings.


    You must have an unusual lease.

    Just about every lease I've seen has a distinction.

    They specifically say that a sub-let must not be less than 6 months.

    It's to specifically stop the flats being used as holiday lets, etc.


    I have just checked the wording of the lease with regard to letting out the property.  Perhaps it is an unusual lease as there is no clause saying that a sub-let must not be less than 6 months.
    Surprisingly the lease doesn't require permission to let from the freeholder or management company...although a fee of £50 + VAT is payable on every let, and the freeholder/management company must be notified of who the tenants are.
    I understand that the majority of flats in my building are sub-let though some tenants have been here for several years.  I instinctively feel that BTL is not an ideal investment due to the costs involved and the tax implications...but it would be interesting to crunch the numbers
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