LandlordZONE

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Aug, 2014

Wednesday

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  1. #1

    Default Really confused - Freehold and RTM?

    Hi,
    I hope someone can help me and my neighbours?

    I am one of 6 owners of Freehold property which surrounds a private Courtyard to which we each pay a service charge to a management company that was set up after our houses were built.
    I believe that as one of the Freeholders that I have a share in the courtyard?
    During the past couple of years since Countrywide took over as the management agent of the courtyard the courtyard has become rather neglected and a bit of an eyesore. On contacting Countrywide they do nothing but make excuses and say everything is fine despit many complaints from myself and my neighbours.
    To add salt into the wounds, Countrywide have just slapped a £200 ' administration' charge on my bill because of late payment. They were suppose to send the quarterely invoices to my main address- some few miles away but I never received an invoice. Nor did they send any invoice to the actual house in the courtyard. I've tried explaining to them that I never received the invoice but they are so arrogant they insisted I paid it or pay another £100 on top for even a later payment!

    Anyway, my question is: As a freeholder and along with other freeholder owners - how do we go about getting rid of this so called management company and run things ourselves? There are 4 of us who want to go down this route at the moment but I'm sure the other 2 will follow.
    Are there expensive costs involved or is it a simple case of telling ountrywide to get lost?

    Regards

    Ben.

  2. #2
    Join Date
    Jun 2010
    Location
    Foundation trench for New Shed@ Ham on Rye
    Posts
    14,590

    Default

    You will have to look at your deeds to see on what basis you make a contribution. Right to manage does not apply. Until we know this your course of action is unclear.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  3. #3
    Join Date
    Dec 2010
    Posts
    874

    Default

    Yes, have a look at the demands for payment sent to you and see who they are acting for - it's possible that a 3rd party owns the courtyard and you are liable to pay under some sort of rent charge agreement.

  4. #4
    Join Date
    Jun 2010
    Location
    Foundation trench for New Shed@ Ham on Rye
    Posts
    14,590

    Default

    Some friends nr Dorking have a similar scheme and,in desperation, took it on themselves to maintain the lawns and padlocked the gates. It took 9 months for the "gardening contracter" to notice, mainly as, via the CCTV they installed as a residents association, he had not attended at all.

    The county court judge was less than impressed about the claims for services in the bills, and the reason for the story is that it allowed them to settle out of court and buy the amenity area.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  5. #5

    Default

    Thank you for your answers and advice.

    Looking at the Deeds it looks as though the Courtyard is owned jointly by the owners. Each of us have a 1/6 share. A management company was set up to maintain the Courtyard when the development was built some 12 years ago. Since then it seems to have gone through several management companies - all doing a pretty bad job.

  6. #6
    Join Date
    Dec 2010
    Posts
    874

    Default

    If you dig deep enough you may find that that management company is actually your company. What makes you think you all own a share of the courtyard? Does it have it's own title at land registry and if so, have you downloaded the details?

    If you are in Pevensey, is the Bay Hotel still standing?

  7. #7
    Join Date
    Aug 2008
    Posts
    3,378

    Default

    Better to buy a copy of the freehold title for the Courtyard and check if your 6 owners names are shown on it ?

    I think Land registry allow max 4 names only.

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