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londongal
02-02-2009, 18:24 PM
The sections regarding service charges and consultation seem to apply only to leases for "dwellings". We are in an estate where all the houses are freehold and each house owner has a lease for the driveway. Am I right in thinking that a 'driveway' is not a dwelling and therefore not protected by this Act?

Jeffrey, I'd appreciate your thoughts on this.
jeffrey
03-02-2009, 09:19 AM
The sections regarding service charges and consultation seem to apply only to leases for "dwellings". We are in an estate where all the houses are freehold and each house owner has a lease for the driveway. Am I right in thinking that a 'driveway' is not a dwelling and therefore not protected by this Act?

Jeffrey, I'd appreciate your thoughts on this.
What an unusual scheme! If there are only leasehold interests (and leases reserving service charge) for the driveway, the 1985 Act would not apply. Who owns its f/r, and could not the house-owners buy it collectively?
londongal
03-02-2009, 11:43 AM
Yes, we the house-owners have recently bought the freehold. However, we still have issues regarding recovering service charges for repairs and cannot use the LVT for help if it is not protected by this act. I assume in court what matters is the terms of the lease and decisions made by the majority of the freehold company members.
jeffrey
03-02-2009, 11:51 AM
Yes, we the house-owners have recently bought the freehold. However, we still have issues regarding recovering service charges for repairs and cannot use the LVT for help if it is not protected by this act. I assume in court what matters is the terms of the lease and decisions made by the majority of the freehold company members.
Yes, it's what the lease says that dictates what F can do.
Why not all agree to a re-write (of all the 'driveway' leases) if there's problems with the existing wording?
londongal
03-02-2009, 12:03 PM
We have one awkward leaseholder who won't agree to anything we propose so likely to be a non-starter. Can we appoint a managing agent without affecting the lease? Would this need to be a company resolution or is it enough to have a decisionmade by the majority?

Thanks again.
jeffrey
03-02-2009, 12:46 PM
We have one awkward leaseholder who won't agree to anything we propose so likely to be a non-starter. Can we appoint a managing agent without affecting the lease? Would this need to be a company resolution or is it enough to have a decisionmade by the majority?

Thanks again.
Freehold reversioner decisions are takern by majority vote.
If f/r ownership is in name of your collective company, read its Articles of Association re procedures.