Where is the Landlord registered?
I hold the registered title of Absolute Guarantee to long residential Under Lease to flat and parking space. The residue of the Superior Lease transferred by the Developer to the Right to Manage Company (RMC) a registered limited company subject to a trust in which Leaseholders are Unitholders each hold a £1 paid-up share and was served Notice by the Transferors the RMC is the Landlord.
I have obtained from Land Registry the most recent copy of the Title to Land held in trust under the Superior Lease to find out if this is in Duchy of Lancaster Land, and shows the registered address of the RMC from 2013 – present is different from the many different registered addresses filed at Companies House between 2008 – present and not registered with HMRC.
Is the RMC with registered addresses filed at Companies House the Landlord under the provisions of the UL and Deed of Trust or is it the RMC registered on the SL at Land Registry?
So if a Lessee wished to call on the Landlord to enforce a covenant via a mutual enforceability clause in Deed of Trust and their Lease, then which is the Landlord? the one registered at Land Registry at that address or the one with the registered address at Companies House?
Lease covenants and RMC Articles not enforced, service charge not paid to the Lessor/LL nor held in a Section 42 Trust and Ground Rent/Fixed Estate Service Charge not paid to the RMC under Co. Articles.
Carol
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Member Since October 2022 - Comments: 405
3:12 PM, 15th February 2023, About 3 years ago
I’ve just googled Law Property act who is landlord and came up ‘the owner of the property’ and that is the SL on land held in trust for the transferors who are exempt charities and that interest transferred the freehold reversion to the RMC a company subject to a trust with no assets, entirely leaseholder owned each with Absolute Title guarantee. Under its Articles the GR and Fixed estate charge on common areas to be paid to it. Service charge under provisions of lease to be paid to Management co acting on behalf of Lessor.