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Jul, 2016

Tuesday

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  1. Is a fire alarm system an *absolute* legal requirement?

    (with apologies if this should be in the H&S forum)

    One of our properties's freehold is owned by the local council (big mistake!). They have recently done a fire assessment and told us they need...
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    Obligation on Lessor to enforce covenants?

    All - relating to previous thread about wooden floors, is there a firm obligation on a Lessor to enforce a covenant?

    In this case Lessee A has (arguably) breached a covenant, and Lessee B is...
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    Yes, although "if so required by the Lessee" and...

    Yes, although "if so required by the Lessee" and also subject to indemnity as to costs. Also there is provision for Lessee to enforce against other Lessees
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    Yes I am aware of the Faidi case (but confused by...

    Yes I am aware of the Faidi case (but confused by leaseholder X suing Leaseholder y, rather than the freeholder being involved...if I have understood it correctly?). In any case should this not (at...
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    Sensible lawyer for covenant dispute?

    Can anyone recommend a lawyer to advise on a (potential) covenant dispute - not necessarily London as everything can be done by email?

    Outline facts are that some 20 years ago the freehold company...
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    thanks all for replies

    thanks all for replies
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    it may be "fair"* but I was asking how it would...

    it may be "fair"* but I was asking how it would be interpreted by legal reading of the lease, which is quite possibly different

    PS a quick search suggests that the FTT supports my position, which...
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    Define "entryphone system"?

    Query re interpretation of our lease, which requires the freeholder to "maintain" the "entryphone system". Apparently a previous manager charged individual leaseholders for repairs to/replacements of...
  9. Is that right? Surely if a SC is validly invoiced...

    Is that right? Surely if a SC is validly invoiced to Mr X as the then leaseholder, it is his *personal* liability no matter whether he continues to own the lease or not? Similarly an invoice for a...
  10. "You are getting bogged down on technicalities" ...

    "You are getting bogged down on technicalities"

    No, I am trying to understand the technicalities - as noted twice I fully understand what should/will happen in practice. However, I am dealing with...
  11. "Forget the quarterly payments for the moment" ...

    "Forget the quarterly payments for the moment"

    Ah yes, but you can't...to quote the usual reply to most questions here, "what does the lease say?"! The lease says the service charge is set every...
  12. Service charges on change of leasehold owner

    Not sure if this is for here or "conveyancing" but here goes:

    Question is, who is liable to pay the service charge before/around/and after a change of ownership of the leasehold? An example may...
  13. I am just preparing our accounts for the year - I...

    I am just preparing our accounts for the year - I can't see the relevant bit in your (very helpful!) FAQs? Could you point me in the right direction?

    Also...how is the Service Charge accounting...
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    Good accountants in (eastish) London?

    As the title suggests, someone who can produce (a) company and (b) service charge accounts for us (c. £40k service charge budget). I've done it for the past few years but am moving on to pastures...
  15. Answering daft "standard questions" from conveyancer as freeholder?

    Good morning all

    Thankfully I don't have to do this that often, but one of our flats is being sold and I have received the usual "standard questions" from the conveyancer. A number are relatively...
  16. Carine You don't say what period your service...

    Carine

    You don't say what period your service charge accounts cover? I assume for this answer that they are from 1 January to 31 December. Also I assume you are not an accountant, so will try to...
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    Agree with leaseholdanswers, freehold companies...

    Agree with leaseholdanswers, freehold companies (F) which act as managing agents for their leaseholders (L) *cannot* be dormant (think of it this way - roof starts to leak, F calls roofer, roofer...
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    that's equivalent to an inflation rate of around...

    that's equivalent to an inflation rate of around 28%, compared to a market expectation of say 2-3% over the long term. You could of course reflect it in the price you offer (the stream of ground rent...
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    Water leak liability...yes, again!

    Good afternoon helpful folk

    A serious water leak from the flat above ours has caused several £100 of damage. Relevant info is:

    - flat above is owned by **** Council [names altered to protect...
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    I think you are confusing the ground rent that...

    I think you are confusing the ground rent that the shareholders probably now don't pay, and the ground rent that Malc still does. Let's say he pays £100 a year...to get £100 a year on a bank deposit...
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    Sorry, it was indeed ram...easy mistake to make...

    Sorry, it was indeed ram...easy mistake to make around these parts!

    Not sure why "Malc_p just needs to pay what his share was at the time" is a fact? For a start (unless there's something in the...
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    I am in a not dissimilar situation, albeit I am...

    I am in a not dissimilar situation, albeit I am (managing) the freehold company. They are a little confused, as leaseholdanswers says, there are no real proceedings, they simply issue you a share in...
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    Thanks, will do. Any idea (roughly) how much they...

    Thanks, will do. Any idea (roughly) how much they might charge?

    A
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    Valuing freehold reversion Part Two...

    Related to my earlier post, but different:

    My fellow board members have asked, understandably, if we can get a second opinion on the valuation of our freehold company (for the purpose of issuing...
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    Solar panels on freeholder's roof

    Good afternoon

    I am at the (very!) early stages of investigating the installation of solar panels on our freehold roof (for the avoidance of doubt I control the freehold, so from that perspective...
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