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hezekiah
31-08-2008, 15:27 PM
My dwelling is a house adjoining a block of 8 brick built flats circa 2000.

My dwelling is circa 1900 and has a rendered finish.

Due to its location adjacent to the sea it suffers from the weather.

According to my interpretation of the lease it’s due to be re-painted this year.


Extract:

Decorating the outside of the building once every 3 years or as often as it is reasonably necessary.

Because the majority of the cost (95%) is for the exterior of my dwelling the Officers left it 5 years last time which was far too long.

When it comes to constant repairs to the lift in the flats which I don’t have the use of, money is readily available.

Any advice would be welcome.

jeffrey
09-09-2008, 17:14 PM
Read lease carefuly, to see:
a. towards which services you're responsible for paying; and
b. how lease defines your % contribution.

1. If L is failing to comply, you may need to threaten (or even institute) proceedings.
2. If lease makes inadequate or unfair provision (e.g. you have to pay towards facilities not serving your house), consider applying to vary it under Part IV of LTA 1987.
3. Finally, why not simply enfranchise your house?

hezekiah
10-09-2008, 15:58 PM
According to the lease and advice from the LVT lawyer at a pre-trial last year held because of the officers refusing to supply me with a service charge summary.
House- enfranchisement to escape mgt. co. ( 1 2)

a. I’m responsible for paying towards all services.
b.All 9 dwellings pay an equal share to all service charges.

L has ignored this advice and has allowed the treasurer to prepare another percentage based service charge for the period of 2008.

I have learnt that L will only ignore threats and none of the other lessees will support me when it counts.

So if I was to enfranchise, would the covenants below be removed:

No pets. (I obtained permission pre-lease 2003 to allow 1 dog on a permanent basis)
Use the property only as a single private dwelling house to be occupied by 1 family.
Must not allow a sale by auction on the property.
etc.etc

If I am still responsible for estate costs after enfranchisement?

Would I continue to be a shareholder?
Would I have a say on monies spent on the estate?

Could you Jeffrey, or any other member, recommend a suitable solicitor, preferably in the N/W who could deal with a house enfranchisement.

Thanks again.