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  1. Thanks, very helpful as usual...I was a bit lazy...

    Thanks, very helpful as usual...I was a bit lazy and didn't want to go through my shopping list in detail...in essence I want to keep all the good bits of the previous articles (which do have...
  2. This is a pretty good summary of what/why: ...

    This is a pretty good summary of what/why:

    http://www.companylawclub.co.uk/topics/updating_articles.shtml

    ..but I am tempted to incorporate some of the RTM article language, as I don't think it...
  3. Thank you for the warnings, I do understand the...

    Thank you for the warnings, I do understand the difference between the Mem and the Arts...and will not be changing on a whim despite the slightly frivolous tone of my original post!

    I am not a...
  4. Model Articles for freeholder/management company?

    Evenin' all

    I am thinking at the next AGM of changing our Articles for some nice shiny new ones under CA2006, rather than the ancient ones we have at the moment. I might of course download the...
  5. Thanks Lawcruncher, your analysis is...

    Thanks Lawcruncher, your analysis is exceptionally clear and exceptionally helpful...to summarise my understanding, without a deed the lessor still has 99% protection due to the privity of estate and...
  6. Thanks, that's very helpful, I will get the Deed!...

    Thanks, that's very helpful, I will get the Deed!

    However, for my intellectual interest, is the new leaseholder not bound by statute/case law in any case (previous ref to Land Registry guidance...
  7. Hmm, yes, tempting... The lease seems fairly...

    Hmm, yes, tempting...

    The lease seems fairly clear, now I have read it: "on any assignment or transfer and if so required by the Lessor...to procure that the assignee...enters into a direct...
  8. >>> You DO have a copy of ALL the flats leases,...

    >>> You DO have a copy of ALL the flats leases, don't you ?

    Sadly not, and have never managed to track down where they might be (granted back in the 90s, and probably mouldering in some lawyer's...
  9. Follow up to Deed of Covenant question!

    Just doing my own googling...am I right in thinking that Landlord and Tenant (Covenants) Act 1995 means that, on any demise (aka sale!) of a lease by Old Tenant to New Tenant, New Tenant is bound by...
  10. "Deed of covenant" required for sale of leasehold

    Good morning all

    First time I have dealt with conveyancing in my role as director of the freeholder and management company. One of the flats is being sold, and I am being asked by the buyer's...
  11. >>> No it's both; otherwise the figures won't...

    >>> No it's both; otherwise the figures won't match

    I understand your point, but still not sure. At the moment, if I only have accruals in the SC accounts, the "consolidated" balance sheet (i.e. F...
  12. This just show how tricky the whole thing is: ...

    This just show how tricky the whole thing is:

    >>> yes you should show liabilities whether invoiced or not,as above, if for no other reason than the certification under the lease or S21 will...
  13. >>> The trick therefore is to show it in P & L...

    >>> The trick therefore is to show it in P & L and show the money received as SC contributions from the trust account. As this is a £ for £ payment it need not show in the balance sheet as an asset...
  14. >>> In the majority of cases an RMC is not an...

    >>> In the majority of cases an RMC is not an agent unless their engagement under the lease shows that they are. In the vast majority of cases the lease makes them a party who has an obligation to L...
  15. Gordon Thanks, yes I am aware of that;...

    Gordon

    Thanks, yes I am aware of that; however, that guidance is for the (non statutory) service charge accounts alone. I am talking about the (statutory/Companies Act) accounts for a freehold...
  16. Residential Management Companies accounts under the new "standard"

    I'll keep this short - those of you who know what I am talking about will know what I am asking (I hope!); those who don't will simply see a stream of gobbledygook!

    Anyway, I am preparing our...
  17. Yes, I meant the pipes were demised to the...

    Yes, I meant the pipes were demised to the leaseholder, not owned by him, my sloppy use of the terms!

    However, I am still unclear on whether freeholder can refuse to pay for damage to demised...
  18. Sticky: Setting aside the LVT dispensation route,...

    Setting aside the LVT dispensation route, regrettably and bizarrely my interpretation of various legal analyses I have now had is that leaseholdanswers is correct - everything is now in the pot which...
  19. Sticky: Apologies, am I being particularly dozy here,...

    Apologies, am I being particularly dozy here, what has exactly has changed for "responsible" freeholders not trying artificially to break up projects into individual sub-projects (which seemed to be...
  20. >>> Pipework in most cases is regarded as a...

    >>> Pipework in most cases is regarded as a landlord's fixture and fitting, the lessee only has repair or replacement responsibility of those that are in his demise.

    It is clear from the lease...
  21. Interesting (?!) legal question re lease and insurance

    Morning all

    I might have posted this in Insurance, but I think it is more a legal question as it hinges on the lease. Anyway, here goes:

    (btw I represent the freeholder, but am also a...
  22. Replies
    5
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    450

    Steve Again relevant to my question posed on...

    Steve

    Again relevant to my question posed on the other "leak" thread (see above or below as the case might be) - I agree that (as per our lease) the freeholder is obliged to insure *all* parts of...
  23. Steve Interesting answer, perhaps you could...

    Steve

    Interesting answer, perhaps you could help with my similar issue?

    I represent the freeholder, but am involved in trying to resolve a problem as follows:

    Flat X seems to have some sort...
  24. thanks - I'll be back when I have received the...

    thanks - I'll be back when I have received the questions!

    A
  25. >>> given you will need to deal with lots of...

    >>> given you will need to deal with lots of other paperwork.

    Ah, now you're worrying me...what else can I expect?

    FAQs is a good idea, I could use whatever they send me as a base.

    Thanks...
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