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Court appointment of a manager

Re: Court appointment of a manager

Postby atticus » Sat Oct 08, 2016 9:00 am

Who owns the freehold?

A. The flat owners, jointly?

or

B. A company in which the flatowners have equal shares?
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Re: Court appointment of a manager

Postby Flattie » Sat Oct 08, 2016 9:32 am

The freehold is held directly on the title register jointly in trust as tenants in common. There is no express deed of trust nor company.
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Re: Court appointment of a manager

Postby atticus » Sat Oct 08, 2016 9:47 am

OK, so there isn't a company law solution.

Often at the heart of a situation like this is the fact that one person or more does not have the money. Might that be the case here? It is often worth drilling down to the heart of the difficulty when trying to find a resolution.
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Re: Court appointment of a manager

Postby Flattie » Sat Oct 08, 2016 11:14 am

There is a general reluctance by the other two to spend money on this. But they can both afford it.
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Re: Court appointment of a manager

Postby blig » Sat Oct 08, 2016 9:08 pm

Would FTT perhaps forceably vary leases to covenant drainage repair?


Doubtful, and I fear the various suggested approaches to an FTT will only incur costs. FTT may well determine that the garden belongs to the freeholders and failed drainage is therefore of no relevance to leaseholders, awarding costs in full against the party who brought the action.

I'm guessing a possible way forward could be to look at applying to a county count for a declaration that the freeholders are jointly responsible for the repair and that any one of the freeholders may carry out the work. Yeugh.
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Re: Court appointment of a manager

Postby Flattie » Sat Oct 08, 2016 10:06 pm

I may have to rethink. I have sent them an s22 preliminary notice, hopefully that will make them resume discussions which have broken down, but sounds like a course I cannot really pursue. I may have to take professional advice on my best way ahead.
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Re: Court appointment of a manager

Postby atticus » Sat Oct 08, 2016 10:20 pm

That may be wise.
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Re: Court appointment of a manager

Postby diy » Mon Oct 10, 2016 1:29 pm

If its not poo, then maybe just get a soakaway dug and a new drain pipe £5-800 of a builder his mate and a digger for half a day.
If its poo, then contact environmental health who will order someone to repair (maybe the water company now?) Let them work out who pays.
My suggestions are not legal advice
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Re: Court appointment of a manager

Postby Flattie » Tue Oct 11, 2016 9:43 pm

An offer has been made to the other 2 freeholders to arbitrate for current works required to building, grounds and drainage, allowing a surveyor to decide works required, specifications, and timescale.

I assume this is viable via jointly instruction of a surveyor, in a similar way to a property valuation in divorce proceedings. Perhaps with a deed signed prior to surveyor instruction committing us to report findings?
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Re: Court appointment of a manager

Postby atticus » Wed Oct 12, 2016 6:56 am

Don't make assumptions about what you ask the others to agree. Be clear. They may not share your assumptions.
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