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Four Silver Stars
Posted
Hi
My daughter bought a flat last year .Its run by a right to mangage arrangement , created a few years ago. Theres the freeholder who lives elsewhere, and three flatowners. Four shares in the company in all. The arrangement was created apparently because the freeholder was unreasonable. The other flatowners hate him.

Last week each flat got a letter announcing that the freeholder required entry to inspect the properties at a mutually agreed time, prior to the Right to manage companies annual meeting in March.

My daughter went to see the flatowner that does the books to ask if someone would have her key and accompany the freeholder as she works long hours.

She was told that he, the flat owner had written to the freeholder on behalf of the RTM and therefore all the flatowners, saying basically , bog off, youre not entitiled and we're not allowing you in .

Does he have the right, and if so what should my daughter do, break ranks, or sit with the others?

.
 
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Two Gold Stars
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You need to check the lease.
 
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Four Silver Stars
Picture of birdybird
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solicitors usually would have advised about the freehold/leasehold issues during completion.

check the lease... making it freehold is a good option.
 
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Four Silver Stars
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Thanks , Ill get the lease read again before doing anything else.
 
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Four Silver Stars
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Hi
ok, Ive seen the lease and it does indeed give the freeholder right to inspect, with notice. Seeing that the flatowner who does the RTM company books has already given a negative reply to the freeholder and has told my daughter not to communicate with him independently as it will open a can of worms, (because he's apparently an absolute swine.)
it puts her in a really difficult position

.The flat owner who runs the RTM is planning on buying all the freehold off the freeholder before too long, (although there has been a big hiccup because new rules have made it jump from £8k to £18k )

If my daughter complies with the present freeholder, it will seriously upset the other flatowners which isnt smart as the one could be her new freeholder in time.

So the question is , does anyone kmow what could happen to her legal wise if she sticks with the wishes of her fellow RTM flatowners and ignores the present freeholder.?
 
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Three Silver Stars
Picture of miss.clueless
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I thought that to buy the freehold off the current owner all leaseholders have to do it together and pay for their share...?????
 
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Four Silver Stars
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Hi Miss C Thats a good point, Ill look into it.
I know you cant just buy your own freehold in isolation, but cant one person or firm buy and take over all three? Surely then that buyer if it was the flat owner who owned the other two properties and subsequently the freehold for the whole building the new freeholder would be free to sell my daughters freehold to her? How else would she EVER be able to secure her freehold>
 
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Two Silver Stars
Picture of Empty
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Cypriana - As I understand it, the RTM company buying out the non-residential freeholder would mean that the flatowners have a third share in the freehold, rather than a quarter. It doesn't mean that each flat owner owns the freehold to their own flat, and all flat owners would need to contribute equally to buy out the non-residential freeholder.
 
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