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Residents Assoc & Leasehold law

including wills and probate
Sunnypad
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Residents Assoc & Leasehold law

#411389

Postby Sunnypad » May 12th, 2021, 2:40 pm

Hi
I will try to keep this factual but if you have any questions, feel free to ask.

I live in a large block of flats, leasehold. There is a management company.

There's a group of leaseholders trying to form a Residents Association. They are saying that if they get to at least 60% of leaseholders joining, we will have more legal rights in the management of the building.

Is this correct?

My experience of a previous RA was not good. It seemed to be a lot of pointless disagreement and issues are covered by leasehold law anyway. They may not be resolved in a way I'd like, but the RA was never able to solve it anyway.

Am I missing anything, is there a legal benefit to joining such a group? I realise the law might have changed in the interim.

Thank you.

Mike88
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Re: Residents Assoc & Leasehold law

#411414

Postby Mike88 » May 12th, 2021, 4:19 pm

This probably isn't entirely relevant to your question but when I was a landlord the very large management company had teeth. It was able to enforce conditions in the lease which Residents Associations couldn't for a variety of reasons. For example, if a few leaseholders failed to pay their management charges, or there were issues on the outside of the building such as overflowing pipes or leaking gutters, action could be taken.

Coincidentally I was talking to someone the other day who told me that, as soon as their residents association was set up, some of the residents decided there was no need to pay the management charge and others felt the earlier charge by the then management company was far too high so reduced their contributions accordingly to a number that was unrealistic. The residents association didn't seem to have the cash or will to enforce conditions of the lease so let matters drift. One issue that was mentioned was a leaking overflow pipe staining the brickwork. Nobody on the residents association could agree who was responsible so nothing was done meaning the front of the building was covered in green mould. The person who told me this was concerned what would happen in the event of a leaking roof; she feared that, as the flats below were not affected, she would end up paying the entire cost due to the residents association failure to agree on virtually anything and the absence of funds to pay for the work.

Of course there are advantages in forming a residents association or so I am told but from my own experience as a landlord I am not a fan.

I am sure others will disagree.

Sunnypad
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Re: Residents Assoc & Leasehold law

#411448

Postby Sunnypad » May 12th, 2021, 6:09 pm

Thanks Mike
That is a useful comment because I also have concerns about a residents assoc having too much power.

bruncher
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Re: Residents Assoc & Leasehold law

#416362

Postby bruncher » May 31st, 2021, 12:47 pm

The Leasehold Advisory Service has a lot of useful info on the Right to Manage and the Right to Purchase the Freehold in some circumstances

https://www.lease-advice.org/advice-guide/right-manage/


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