Two burning questions abou the building in which we have a small flat and letting it out:
Couple of months ago we received a “consultation letter” from the management company informing us that they need to replace all doors (entire building) due to the fire regulations… they already had somebody giving them a quote. The costs will be shared among all owners (the management company also owns several flats) . I wonder if we NEED to pay for the doors which are not part of the fire strategy but it would look nice to replace them to match the other new doors???
Yesterday we received another letter informing us that Management Company submitted a planning permission for a further residential floor (brand new floor on the top of the flat roof).
We are gutted to learn that the Management company did not consult us on this at all. They consulted us on a minor item (fire door) and not on the major development. The rationale is that the local area is expanding etc etc…There will be 8 new flats built over the flat roof and the new extension will have a flat roof again. Obviously somebody is investing in these flats and will sell them and make a profit (at least 3 millions) . We do not know who the investor is? Maybe a Management company itself? Do they own the building? We are leaseholders and the large majority of the flats are let. Their reasoning is that the existing flat roof will need further repairs and building a new floor will solve this (although new it will still be a flat roof??? No mention of the increased lift capacity etc… There is only 1 lift currently for 7 floors and over 100 flats… They also propose some new cycle spaces and one of the parking spaces would need to be sacrificed for the dedicated refuse store to serve the new flats… Extremely pathetic is the note: Some additional planting (at companies cost) will occur at cycle stores. Could we be compensated for the gains on the common area such as the roof? Can this construction happen at all just like that? Or should they consult us first as they are doing with the fire doors? What is our tenant cannot stand the noise of building works and decide to leave and we canould not find a new one? Could we as leaseholders object? and potentially stop this construction works. Where do we stand legally? thank you
I think you need to consult a solicitor however there are a few odd items in your post. Is it really the management company or is the the freeholder? If it is the freeholder it would make more sense. Does anyone in your block have a share of freehold or has anyone looked into buying the freehold? I suspect it would be a good idea cost wise to get legal advice as a collective group of leaseholders. However, may be the roof does need doing and more flats might be a way to avoid this cost. You need more info really. z
thank you Lucinda, the trouble is that we dont know who the other leaseholders are.The information is hold by the Management company. Uneless we do door by door and ask the tenants who theri landlord is… How would we know who is a freeholder? deeds?
The Freeholder owns your black of flats. The Management company manages the block on behalf of the Freeholder. It is possible that the Freehold is owned by a company and that some Leaseholders have a share of the Freehold company. It is possible that the Freeholder is also the Management company or a sister company. Is there a residents association because that is where I think I would start. failing that knock on doors or leaflet other flats to gather other opinion/information. Is it possible you missed a communication? Just don’t sit on this and let it happen make sure you have the information you need to answer your own questions.
thank you so much. Reviewing our deeds as we speak: there is a Landlord (a person) on behalf of the Estate Office and the Managign Agent is the same Estate Office … so the managing comapny is a landlord… the solictior letter also notes: the register shows taht the proerty is registered with leasehold title absolute. This is the best grate of the leasehod title… You will see that you are buying the reminder of a 159year term… other paragraph “Because you are obtaining a share in the Management Company, I have had to conduct a comany serch to ensure the company is allower to buy, sell, lease and manage… The result of the search was positive…”
So it sounds as if you own a share of the Management company so you and many other similar leaseholders should get the right to vote on this action. There must have been a meeting that you missed or it must be coming very soon. It is your company so they should help you get the full info.