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Nell
01-06-2009, 18:24 PM
We have recently purchased the freehold of our property with one other flat in the building. The third flat in the building has since served notice that they wish to extend their lease. Since they have served their notice, we (the freeholders) have decided to dissolve the management company that we used to purchase the freehold and instead have ourselves individually named as freeholders.

My only concern is that if the leaseholder has applied for a lease extension to 'Management company X' and that company no longer exists as it has, in the meantime been replaced with 'Mr Z and Mr Y' as the same freeholders (with a different name), will that cause a problem for us (or them) in their application for the lease extension? Are there any monetary implications of this for us? The counter notice was served by us under the old name as a management company a couple of months ago and we are waiting for them to reply with a date that our surveyor can go in to value their flat.

Any advice gratefully received!

jeffrey
01-06-2009, 22:41 PM
As the Notice has already been served, it binds not only:
a. F (Mgt. Co.) at time of service; but also
b. F's successors.

Has your Mgt. Co. actually been dissolved or is it still in the process of dissolution?

Nell
02-06-2009, 17:24 PM
It is still in process of dissolution (we haven't sent the form to companies house yet) but the freehold itself has already been transferred into our names. So in effect the Management company exists but it no longer owns the freehold anyway....

I'm not sure what you meant by your post - does that mean that it makes no difference as it will bind the successors (i.e. us as the named freeholders) anyway?

jeffrey
03-06-2009, 09:04 AM
It is still in process of dissolution (we haven't sent the form to companies house yet) but the freehold itself has already been transferred into our names. So in effect the Management company exists but it no longer owns the freehold anyway....

I'm not sure what you meant by your post - does that mean that it makes no difference as it will bind the successors (i.e. us as the named freeholders) anyway?
The Notice served binds not only the named addressee [Company] but all successors [yourselves], so the Transfer makes no difference.

Nell
03-06-2009, 18:19 PM
Many thanks for this advice - it is very helpful and has put our mind at rest Jeffrey!