We are residents of a block of flats comprising six units, and we have bought the Freehold. Recently we asked our solicitor about the advisability of amending a clause in the Lease governing the question of sub-letting. Due to a bad experience with sub-let tenants we wish to tighten our control over any future ones. …
Our Residents’ Management Company is about to start legal proceedings against a house-owner who hasn’t paid any maintenance for more than 3 years – they have only made one payment since moving in and are currently renting out their house. The company owns the freehold with home-owners each having a share. The complex consists of …
We manage our own block, and it all works well, except for one lessee who persistently fails to pay his service charges, and is currently building up considerable arrears. We would prefer not to consult a solicitor at this stage. Can you suggest how to write a firm legal warning to the offender. The FPRA …
We are a small management company with just 16 properties, but we seem to have considerable problems with service charge defaulters. Do you have any advice on how to deal with such people? Specifically, we were thinking of using a debt collection agency and were wondering if you have any advice in this regard. The …
We have a resident member who has stopped paying his monthly banker’s order for his service charge and has gone into arrears. We would like to help him with any problems which may be causing default, but he no longer answers our letters. We feel that we may well need to take legal advice, but …
How do we prove we have the required 50% of tenants to go ahead with Right to Manage? The FPRA replies: That’s not quite a correct interpretation of the legislation. On the creation of a RTM Company, “qualifying tenants” are entitled to join it. You do not need 50% of the leaseholders to be on …
We are a self-managing freehold company with 11 lessees, each one with an equal share in the Company. Some time ago, one of the properties changed ownership. We have been trying to establish and receive formal confirmation for some time. We have been seeking: A Notice of Assignment and if appropriate, Mortgage Executed Deed of …
We have recently set up our residents’ association. Although we have a sufficient number of people who have paid the subscription fee, some have not returned the Forms of Authority. I can’t see anything in the FPRA Information Pack that suggests you must have these to act on behalf of members, but our consitution requires …
As Secretary of our Resident’s Association I have been asked to request your advice on the following question: Can a “non-entitled” (not a lease/shareholder) speak at AGMs/EGMs and/or change passed actions if they have been nominated to speak/act on behalf of an “entitled” lease/shareholder with just a letter from that leaseholder or does he/she need …
Could you explain how the 2006 Companies Act will affect the business of our freehold company. We know, for example, that the Act no longer requires companies to hold AGMs, but we are not sure whether our own Mems and Arts still require it. The FPRA replies: Your letter raises an interesting point on the …