Lease Problems - My right of access to my property

Lease Problems - My right of access to my property

Author
Discussion

Jim1556

1,771 posts

156 months

Saturday 21st May 2016
quotequote all
speedking31 said:
BMWBen said:
Why flag this up?
BMWBen said:
Should the management company take any steps to forfeit my lease on grounds related to this access I will obviously resist and on success will seek to recover my legal fees from the company.
They don't like it up 'em?

As I've said before, I don't think they've got a legal right to enforce the unfair clause in his agreement.

Therefore, my next letter to the fkwits trying it on would definitely include the words "Get" and "fked"!!!

Can't stand jobsworth pricks trying it on when they have no right to! (Same kind of people who think they've a right to park on the road outside their house)

T6 vanman

3,066 posts

99 months

Saturday 21st May 2016
quotequote all
To the OP ... Best of luck in your negotiations

As a plan B

Just the job below

BMWBen

Original Poster:

4,899 posts

201 months

Tuesday 31st May 2016
quotequote all
Latest updates:

After a bit of to and fro the management company came back to me to tell me that "their client" (i.e. the directors of the residents company - there are three of them) was "minded to get their solicitors to write me a letter re-iterating what they have already said".

Seems like a weak attempt at intimidation to me, so I responded to let them know that this was pointless because I disagreed with the facts of their position, and requested that we engage an independent mediator to either confirm or deny that their position is a total crock of st, the outcome of which would determine my future actions. If they said that it was right and legal I would comply.

Their response to that was: We have referred this to our solicitors.

laugh

I'm pretty sure that's a bum move that should move things in my favour should they try and wack me for huge costs relating to this. Not sure what my next move is...

surveyor

17,817 posts

184 months

Tuesday 31st May 2016
quotequote all
BMWBen said:
Latest updates:

After a bit of to and fro the management company came back to me to tell me that "their client" (i.e. the directors of the residents company - there are three of them) was "minded to get their solicitors to write me a letter re-iterating what they have already said".

Seems like a weak attempt at intimidation to me, so I responded by requesting that we engage an independent mediator to either confirm or deny that their position is a total crock of st, the outcome of which would determine my future actions. If they said that it was right and legal I would comply.

Their response to that was: We have referred this to our solicitors.

laugh

I'm pretty sure that's a bum move that should move things in my favour should they try and wack me for huge costs relating to this. Not sure what my next move is...
Ignore them....

ETA - Do you own or rent....

If you own... then find out what you have to do to get on the board as a Director... Then you can really annoy them.

Edited by surveyor on Tuesday 31st May 10:43

blueg33

35,860 posts

224 months

Tuesday 31st May 2016
quotequote all
surveyor said:
speedking31 said:
surveyor said:
... I shall be parking for no more time than I need for those purposes.
I would suggest not mentioning parking at all in any communication. Use stationery or unloading.
He;s gonna be stopped loading stuff, if he's not moving what else is he doing?
Still shouldn't use the wording parking, as its that that is covered by the lease.

IMO Management Company, is incorrect if the lease permits right of way with and without vehicles for all purposes

BMWBen

Original Poster:

4,899 posts

201 months

Tuesday 31st May 2016
quotequote all
surveyor said:
BMWBen said:
Latest updates:

After a bit of to and fro the management company came back to me to tell me that "their client" (i.e. the directors of the residents company - there are three of them) was "minded to get their solicitors to write me a letter re-iterating what they have already said".

Seems like a weak attempt at intimidation to me, so I responded by requesting that we engage an independent mediator to either confirm or deny that their position is a total crock of st, the outcome of which would determine my future actions. If they said that it was right and legal I would comply.

Their response to that was: We have referred this to our solicitors.

laugh

I'm pretty sure that's a bum move that should move things in my favour should they try and wack me for huge costs relating to this. Not sure what my next move is...
Ignore them....

ETA - Do you own or rent....

If you own... then find out what you have to do to get on the board as a Director... Then you can really annoy them.

Edited by surveyor on Tuesday 31st May 10:43
I own. There's already a grass roots movement to get some different directors tongue out We need to get enough people on-side to call a general meeting then it's up up and away!

blueg33

35,860 posts

224 months

Tuesday 31st May 2016
quotequote all
Tell them you have sold the van to a contractor who moves the stuff for you.

TonyRPH

12,971 posts

168 months

Tuesday 13th September 2016
quotequote all
Do you have any updates to this OP?

Given the date of your OP, I expected to see an outcome on the last page, but nothing since May... frown


BMWBen

Original Poster:

4,899 posts

201 months

Tuesday 13th September 2016
quotequote all
I do as it happens! I got a letter from their solicitors which threatened an injunction and all associated costs if I didn't back down. Which I responded to in kind obviously. During this period the grass roots movement from the residents gathered pace and a general meeting was called using the companies act. I'm now a director of the residents company and we're trying to sort out the way this place is run. It's a long road we've started down, parking is not the only issue and in fact is a distraction from much bigger problems...

The most important thing with regards to this thread however is that the parking scheme has been binned and is being replaced with a much more sensible one.

TonyRPH

12,971 posts

168 months

Tuesday 13th September 2016
quotequote all
It sounds like you got a good result then.

I have to admit that I do like the no vans idea, however I don't really see any issue with smaller vans, it's the large Transit vans I don't like to see parked on our street, especially the LWB versions.

There are some exceptions to the small van issue, as there are some that look as though they'd be better off in the scrapyard.

Thanks for the update.

amancalledrob

1,248 posts

134 months

Tuesday 13th September 2016
quotequote all
BMWBen said:
I do as it happens! I got a letter from their solicitors which threatened an injunction and all associated costs if I didn't back down. Which I responded to in kind obviously. During this period the grass roots movement from the residents gathered pace and a general meeting was called using the companies act. I'm now a director of the residents company and we're trying to sort out the way this place is run. It's a long road we've started down, parking is not the only issue and in fact is a distraction from much bigger problems...

The most important thing with regards to this thread however is that the parking scheme has been binned and is being replaced with a much more sensible one.
I've just read the whole thread and finding this on the last page is really satisfying! Glad you got the outcome you wanted, OP smile

elanfan

5,520 posts

227 months

Tuesday 13th September 2016
quotequote all
Out of interest were the gang of 3 that were causing the trouble in the first place ousted? Presumably as you are now part of the management it wouldn't be difficult to find out the source of the original complaints? I'm sure you can use your position to give them grief about their bins, colour of their front door, playing Mantovani too loudly or something similar!

hora

37,122 posts

211 months

Thursday 15th September 2016
quotequote all
If it looks like a commercial vehicle then it is one.

Put side windows in (c£750 fitted).

Job done.

V8RX7

26,856 posts

263 months

Saturday 17th September 2016
quotequote all
hora said:
If it looks like a commercial vehicle then it is one.
Actually it's an interesting (to me at least) point.

I did fit side windows and removable seats into my van and asked the DVLA to register it as a "dual purpose vehicle" this IMO would also give me car rather than van speed limits.

They actually registered it as an "MPV" which is better IMO and checking with the LEZ I'm now exempt so I presume I also have car speed limits, however at the tip the Council database (I don't know which they use) insist it is a commercial vehicle because it was manufactured as one.

Police I've spoken to have differing ideas as to which limits apply.


BMWBen

Original Poster:

4,899 posts

201 months

Monday 19th September 2016
quotequote all
V8RX7 said:
hora said:
If it looks like a commercial vehicle then it is one.
Actually it's an interesting (to me at least) point.

I did fit side windows and removable seats into my van and asked the DVLA to register it as a "dual purpose vehicle" this IMO would also give me car rather than van speed limits.

They actually registered it as an "MPV" which is better IMO and checking with the LEZ I'm now exempt so I presume I also have car speed limits, however at the tip the Council database (I don't know which they use) insist it is a commercial vehicle because it was manufactured as one.

Police I've spoken to have differing ideas as to which limits apply.
It's a whole area of road traffic law that needs serious work imo... I have no idea why the rules need to be so complicated.