Local Authority sits by as freehold co. breaks law and LTA?

by Readers Question

9:27 AM, 29th August 2018
About A year ago

Local Authority sits by as freehold co. breaks law and LTA?

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Local Authority sits by as freehold co. breaks law and LTA?

One of my rentals is a leasehold flat, there are 18 in the building, which is run by its Co-owners, as a shared Freehold. But one of the Directors and owner of 4 flats is a self elected dictator and megalomaniac, having been on the management as a director for 20 years.

He and I don’t get on and we have had our difference over the running and maintenance of the building in recent years. This culminated in legal action 3 years ago, which I won. This cost the Co owners a fair bit of money, also the Management Co had to reimburse myself for £2k. Needless to say the already sour relations did not improve.

Now Mr A has turned the other directors and leaseholders against me, some new to the property in the past 12 months. He and another director Mr B have made public in email circulars and brought up at AGM which were logged in the minutes, false and inaccurate statements and down right lies about myself.

Using myself as the excuse why there had been no maintenance carried out on the property whilst I was conducting legal actions against the Ltd Co.

Most alarmingly of all is for the past two years or more the Freehold Co have ignored and refused my written requests for service charge disbursement and expenditure, Company audited accounts and the buildings and D & O Insurance policies and schedule of cover documents.

I have conducted my requests correctly and in accordance using templates available on LEASE website. I sent these by email and Recorded Delivery, but never have I been provided with any of the relevant documentation.

Six months ago I made a formal complaint first to the town council, then later when nothing happened I contacted my District Council, when nothing happened again, I emailed my local MP.
Eventually about 3 months ago the District Council wrote to the directors of the Freehold Co. They ignored these official local government requests.

I have tried desperately to explain to the Legal Dept at the Private Housing Sector that this is a clear breach of legislative law in both Landlord and Tenants Act 1984 and the Commonhold and Freehold Act.
The solicitor acting for my Council says its optional whether the local authority wishes to act in seeking a prosecution. He believes it is not in the intrest, benefit or protection of the Public for his Council to enforce this law.

So do you have any advice for me please, well apart from withholding my service charge contributions at £80 per month

Many thanks,
Danny



Comments

Danny 10

1:41 AM, 11th September 2018
About A year ago

Again thank you Puzzler. That's correct Co. House wrote to and warned the Freeholder for not updating new details & address for directors and the change of Registered Office.
Mr B did volunteer to be a director, but forgot about it, as he never received any documents or heard any further of this position he held in 3 years. Wrongly assuming he was not a director after all.
Pretty difficult to "arrange a meeting" when for the past 18 month the Freehold Co. won't even reply to my letters and emails. I had to employ a solicitor previously as they did not like my "tone or attitude" and felt I was being "derogatory" so refused to talk.
I live about 100 miles away, so its a bit far to drive just on speculation someone might be about. I also work in China 2-3 months at a time, where I am now.
Finally the knotweed which was first detected in 2013 and still persists, I ve written to the Freeholder many times asking for an updated report and prognosis. Nothing!?!?

Puzzler

12:25 PM, 12th September 2018
About A year ago

Reply to the comment left by Danny 10 at 11/09/2018 - 01:41
Hi Danny, do email me your contact email address so we can exchange some details. I have just gone through a similar process and these guys are not meeting their obligations. I am not all that far away and can help if you are serious about dealing with it.

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