Share of freehold bought without consent of freeholder?

HiroA

I live in a shared house with 3 leasehold flats and I and other leaseholder A share the freehold 50/50.  The remaining leaseholder B tried to buy the share of freehold twice but was not successful as they changed their mind (and I was not happy to accept their changed request either).  I had not been impressed with B's behaviours.  A was extremely unhappy that it did not happen.  The last unsuccessful attempt ended this May, and I did not hear anything about it from anyone since then.

Now I discover that A and B set up Freehold Company Ltd at the address in August.

How can they do this?  I am sure I am still the joint freeholder?

loubel

If you and A own the freehold then A&B setting up a company together doesn't impact that at all. Are you saying that they are trying to take over the management of the building through this company?

HiroA

loubel said:

If you and A own the freehold then A&B setting up a company together doesn't impact that at all. Are you saying that they are trying to take over the management of the building through this company?

Considering A & B's past behaviours, my worst fear is that A let B buy the share of freehold without my knowledge (forging signature etc) - otherwise what's the point of doing this excluding me and secretly?  I am also bothered that the reason why i found this out was that I spotted a letter from HMRC addressed to this company - I think it's breaches of leasehold agreements, they can't use the addresses for business, especially when the company should be invalid?

user1977

HiroA said:

loubel said:

If you and A own the freehold then A&B setting up a company together doesn't impact that at all. Are you saying that they are trying to take over the management of the building through this company?

I spotted a letter from HMRC addressed to this company - I think it's breaches of leasehold agreements, they can't use the addresses for business, especially when the company should be invalid?

Very unlikely that anybody's lease prohibits them receiving mail for their company. "The company should be invalid" doesn't really make sense either.

HiroA

I did further research and learned that Freehold Company Ltd normally manages and "owns" the freehold - unlike freehold management company. Does it mean A and B went ahead with the transaction and just elected themselves as directors?  

loubel

What is the purpose of the company they have set up? And have you checked with the Land Registry whether anyone has applied to alter the freehold title register?

HiroA

loubel said:

What is the purpose of the company they have set up? And have you checked with the Land Registry whether anyone has applied to alter the freehold title register?

The nature of company is 

• 98000 - Residents property management

I tried to search for application status update but it seemse that only business entities can create log in and do this on Land Registry website?  

HiroA

user1977 said:

HiroA said:

loubel said:

If you and A own the freehold then A&B setting up a company together doesn't impact that at all. Are you saying that they are trying to take over the management of the building through this company?

I spotted a letter from HMRC addressed to this company - I think it's breaches of leasehold agreements, they can't use the addresses for business, especially when the company should be invalid?

Very unlikely that anybody's lease prohibits them receiving mail for their company. "The company should be invalid" doesn't really make sense either.

I think the lease is granted for residential purpose and B only owns flat, not the house but the business address is for the house so I think I can ask company house to remove it?

flaneurs_lobster

Sounds like OP and A'n'B have had a falling out and A'n'B have found the perfect way to jerk the OP's chain.

The OP still owns 50% of the freehold.Unless the other parties declare otherwise in an official submission to Companies House, the Land Registry or elsewhere I doubt if there's much that can (or should) be done.

Objecting to mail addressed to a business just sounds like pettiness, 
 
Try not to let this escalate, sooner or later there will need to be agreement on spend on some kind of house repair or maintenance. If the parties aren't talking it inevitably ends up with managing agents/factors being appointed at much increased cost.  

user1977

HiroA said:

user1977 said:

HiroA said:

loubel said:

If you and A own the freehold then A&B setting up a company together doesn't impact that at all. Are you saying that they are trying to take over the management of the building through this company?

I spotted a letter from HMRC addressed to this company - I think it's breaches of leasehold agreements, they can't use the addresses for business, especially when the company should be invalid?

Very unlikely that anybody's lease prohibits them receiving mail for their company. "The company should be invalid" doesn't really make sense either.

I think the lease is granted for residential purpose and B only owns flat, not the house but the business address is for the house so I think I can ask company house to remove it?

No you can't, and even if you could, what good would it do?

HiroA

flaneurs_lobster said:

Sounds like OP and A'n'B have had a falling out and A'n'B have found the perfect way to jerk the OP's chain.

The OP still owns 50% of the freehold.Unless the other parties declare otherwise in an official submission to Companies House, the Land Registry or elsewhere I doubt if there's much that can (or should) be done.

Objecting to mail addressed to a business just sounds like pettiness, 
 
Try not to let this escalate, sooner or later there will need to be agreement on spend on some kind of house repair or maintenance. If the parties aren't talking it inevitably ends up with managing agents/factors being appointed at much increased cost.  

The freehold is owned as commonhold.  If the transaction and changes were made without my knowledge it will be illegal and invalid and I can ask the Land Registry to void it, it's a fraud and a crime. Also, that means A only received the payment for sellig the share.   I will ask a lawyer to search application status on Land Registry or find a way to do it.  I will definitely be taking further action as I am not prepared to lose such a big chunk of my assets by fraudulence like this.