Missing building control and completion certificates on conversion remortgage?
1 month ago | 1 comments
Fob access to building?
12:02 AM, 23rd April 2026, 3 weeks ago
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We are a Right to Manage (RTM) Company, just two directors, it’s a very difficult block having cladding and other fire safety issues that we are dealing with, and it’s all uphill.
A number of the leaseholders are resisting measure put in place, the latest is with fob access, it could be seen as micromanaging but to try to avoid short letting (this will all be irrelevant in a couple of weeks and we’ll have to think of something else) and know who is in the building, we programme the fobs for leaseholders and tenants for all areas (front door, bin store, parcel room, relevant lift floor) to the end of the tenancy, when the tenancy ends the fob access has to be renewed for the next tenant, most works fine, we delete any cloned fobs as they are used.
Agents have a fob registered to them for the front door only; they can give this to cleaners or inventory clerks as they wish.
Short lets are an issue as the agents constantly copy the fobs, and we delete them. One leaseholder is now challenging this, saying that we cannot restrict access, which we are not to bona fide tenants. He wants to know the exact lease clause and statutory provision that allows us to do this. Do we need to enter into this sort of conversation? He goes further with his demands (well known to us for using AI in his correspondence, which is frequently aggressive).
Question is, whilst we are not preventing access to leaseholders or their tenants, are we allowed to control access to others who do not meet lease conditions (short lets) and have access only to areas relevant, not the whole of the building. Obviously there will not be a lease condition covering fob access. One other issue is short-let agencies sending in their cleaners who roam the building at random hours, banging through the swing doors, and we get the complaints.
We do have a concierge 8am-5pm so access is available at these times.
Obviously, with the new rolling contracts, we will have to reprogramme every two months.
Stopping short letting is like trying to hold back the tide, (Central London) controlling access (irritating) the agents and leaseholders is a way of doing this and identifying the leaseholders who are short letting, due to the fire safety issues we have to have control, party central, as airbnb can become, is not conducive to our fire safety policy or for the quiet enjoyment of the home for residential leaseholders.
Is our approach to controlling fob access reasonable?
Thanks,
Elizabeth
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Member Since November 2020 - Comments: 89
11:14 AM, 23rd April 2026, About 3 weeks ago
As this is leasehold is there no clause that says you cannot sublease other than long let. A lot of leases do not allow shot lets/holiday lets
If they are such clauses and can prove subletting by Airbnb or similar online profile you can send a solicitor letter citing breach of lease which could lead to forfeiture of lease and if mortgage inform the mortgage company, this usually stops it as the mortgage company threatens to revoke the mortgage
Member Since October 2022 - Comments: 415
11:18 AM, 23rd April 2026, About 3 weeks ago
Each leaseholders lease is the key document and legally binding contract to the parties to it.
If the lease specifically expresses that short term lets are not permitted then acting on behalf of the landlord ( Identified party in the lease agreement) pursue the leaseholder for breach of contract and breach fire regulations specifically with on going cladding issues).
You need legal advice – contact LEASE – and as you are leaseholder controlled registered man Co. as directors you are failing in your duties under its M&A as your insurance cover is invalidated by breaches of lease.
You also need to appoint a Managing Agent with section 20 consultation and make sure they are properly qualified.
Member Since May 2015 - Comments: 2212 - Articles: 2
11:57 AM, 23rd April 2026, About 3 weeks ago
I introduced a similar scheme some 30 years ago and had the same resistance from tenants, leaseholders and particularly drug dealers who thought they had a God given right of access. Eventually it settled down and most accepted the system, but there were some who threw their keys out of the window to let others in. This was countered by introducing key exit, universally hated by the drug dealers who were now trapped inside the building.
It took 20 years of hard work to finally eliminate the drug problem with the last problem tenants being given their section 21 some weeks ago.
We are shortly going to introduce a more sophisticated system which integrates CCTV, fire alarm and fob entry with the possible option of biometric entry (Fob plus facial recognition) just to keep the complex secure.
As the freeholder I believe that security is more important than clauses in the lease and in any case electronic entry systems were not invented when our leases were established.
Member Since May 2014 - Comments: 273 - Articles: 2
3:26 AM, 26th April 2026, About 3 weeks ago
Reply to the comment left by DGM at 23/04/2026 – 11:14
We obviously do this but with 100 flats that were promoted by the developer as short let (greater London not even legal) it is a battle the previous management didn’t bother as they were linked to the developer) – without onsite 24 monitoring how do you tell? This seemed a way to go.
Member Since May 2014 - Comments: 273 - Articles: 2
3:32 AM, 26th April 2026, About 3 weeks ago
Reply to the comment left by The_Maluka at 23/04/2026 – 11:57
We had issues with tailgating, parcel theft (now stopped by using an area with fob access) drug dealing, all of the above, we had hundreds of cloned fobs removed – it has vastly improved – the resistance to monitoring access for the safety of the block and conditions, is depressing. We will have another AGM soon and expecting protest from one area (short letting leaseholders who are themselves breaking the lease conditions plus those who feel that it is big brother) who are insisting on proof via lease conditions that we can do this – your comments are encouraging.