Harlequin

We don't own the Freehold, we act for the Freeholder, we don't own the flat or rent from a third party the Freeholder oowns the flat , unless our solicitor has made a huge error advising us it sounds as if we are having to just suck it up.

It will be something I'll check with the Leasehold Advisory Service but may be all academic by then.... Read More

It is the rental contract that is being altered - a new contract between us and the freeholder as owner of the flat rented to the porter - it is referred to as 'the lease'.... Read More

We pay rent to the freeholder who is the owner of the flat for the porter to reside in the building - not ground rent.... Read More

Thanks, I assumed this but with Christmas break on our doorstep and being pushed to agree to the new demands I just hoped there would be someone who had an idea - as they didn't sign they it hasn't completed but they did send what was the agreed version to us for signing and insist on an independent witness - then changed the terms.
The solicitor we are using has advised that they will carry out their threat of repossession of the flat plus damages given their behaviour during the last year - all seems to be a game to the freeholder.

If we sign for 3 years we will be doing this again in another year as we've 2 years left and it took a year to agree.

Thank you.... Read More

I saw this as keeping a very useful platform going - not looking for reason or blame and the HMRC case is a different topic (and as it has happened I do think a contribution could be due - but that again is separate) - the people who have spoken against a fund raise are members of this forum - so surely if you've bothered to do that you must in some way have an interest or you wouldn't be here.
I'm that person who uses WIkipedia and responds when asked to contribute - to me it's free info - likewise 118, I'm not that interested in the bank balances of the people who run it - different topic.... Read More

Excellent idea, for many this is the go to page for quick info and advice - we all benefit from others experiences and knowledge based on real time experience on here, pick up knowledge and share - let's show support and sign up NOW.
For those involved in the IR issue - if you haven't donated - please do. Strength in numbers.... Read More

I think I'll leave this now, it's getting a little weird - it is and always has been for emergency access only. Many kind people have gone off on unnecessary tangents. Keys wiith conciege happens in all blocks where I have a unit or two and never been an issue until now - but it is not any more, the leaseholder has had to sign that he takes responsibility for refused access with notice, or refused access in an emergency.

We are RTM not ATM btw.... Read More

As RTM we are the people with ultimate safety responsibility. We are not now pushing the issue for access but it is not just a question as some responders have implied of wanting a nose around, or harass a tenant, or of it happening on a regular basis. All others leave a key with the concierge (they find it very handy when they lock themselves out) - it is a building that needs major compartmentation works, and has leaking gas and water pipes, electrics also have been an issue. If anyone on here is dealing with fire safety issues brought on by cladding and compartmentation problems you may understand but I have raised the non qualifying landlord subject a number of times on here and had absolutely no comment. Having access to carry out immediate repairs does mitigate any further damage - it is happening - and no one else in 101 flats has objected and we have needed emergency access on a number of occasions - 24 hrs notice doesn't do it. Every flat has a linked heat and smoke alarm if it goes off we have to go in - or the Fire Brigade, so far all have been false alarms so fingers crossed that there will never be a live fire - Our solicitor is on board and upfront that the law is always on the side of the tenant (we all know that) and in these times of fire safety issues as mentioned things have changed. However let's keep our fingers crossed that no issue comes from her flat - and all is well. If not we are allowed to break in which is a bit extreme given a key would have done the job. We have no interest ini her, her belongings or what she does in the flat.The leaseholder is happy for the key to be kept by the concierge - so she changed the locks, he gave consent for the locks to be changed again, to enable a spare key. We are not approaching this without leaseholders consent.
Just seen a comment to apply to the court for access - we are looking at emergency access only - it's all over by the time that happens.... Read More

closing comments now - I think a number have misunderstood. This is a building plagued with issues that the RTM have been dealing with, the management company employed could not have done as much as we have - fire safety, heating, gas leaks, water leaks, blockages, failed doors, failed lifts you name it we have it.
We've taken legal advice, if the tenant refuses to either provide a key or lock changed (extreme until taken in context I know) - the leaseholder will be held responsible for damage caused that could have been prevented by having immediate access.
Quiet enjoyment is fine - until you are presented with the myriad of issues we have had to deal with. If something does go wrong - heating goes off, hot water goes off, this tenant is the first to complain.
Of course there is another question - how do buildings get a sign off when they are plagued with problems all from shoddy work.......... Read More

No, nothing untoward or underhand we are dealing with a building with major fire safety issues and to get things done in a swift enough manner it is easier for residents - whether leaseholders or tenants - to allow access so that we are not waiting for access to carry out the works that need to be done inside - alarms, sprinklers etc for the fire works, and access when there are leaks which are frequent due to the poor build of the building (conversion office to residential).
Some agents are better than others.
How do you suggest we turn off a leak if we can't get swift access? just a question or carry out the remedials if we have to continually request access from a tenant who may or may not be around, with contractors it doesn't always work out that the sequence they propose will work in reality and they may need access. If we didn't do this the leaseholders would be on waking watch or even the building closed down. Real time issues.... Read More

Exactly this - other stuff I mentioned was just to shed light on what we are dealing with. She is stating 'harassment' of course.
We are a building with many fire safety issues that are dealing with by getting access to the individual flats for alarms/sprinklers etc and the building is also built like a sieve with flats leaking on each other, and old rusting soil pipes that are blocking and overflowing - I have suggested now that we inform the leaseholder that we will have to hold him responsible if lack of access causes damage, could do without difficult tenants, it's bad enough rebuilding/making safe a substandard building.
The leaseholders lease does give provision for access in an emergency - doing this a key is preferable always rather then breaking down the door, which would be an emergency or getting a locksmith in which would slow down the access. Her lease also has provision for access in an emergency.... Read More

As for rents being lowered - not happening, mortgage rates still high (compared to how they were), no tax relief (not going to change) selective licensing coming in - if a landlord cannot meet their costs - and live, the option is to sell and there is nothing to rent. I've been saying for years that hammering the landlord continually is fuelling the housing crisis.
If any government - or council concentrated on the rubbish landlords that would be a step in the right direction - but they don't, the tar us all with the same brush... Read More

... as there always is when I bring up this topic on this forum - anyone affected by this? what are you doing?... Read More

Again nothing about non qualifying landlords and the BSA 22 and cladding issues - is anyone going to take this up - resounding silence so far.... Read More

Too late - and it's not going to happen, lovely thought.... Read More

The leaseholders did not take over - so sounds as though it lapsed. It was before my time, there was a row over the use of the sinking fund to repair pavement lights - the person who had been very active in acquiring the RTM backed down and so said poodle remained in place, I know it did not go to a tribunal.
We do have concerns over the service charge as we are not getting budgets or accounts - I asked a few months ago and was sent them - there was an underspend for 3 years that no one was told about and we are told it will form the basis of the sinking fund - they didn't ask and we would have said no as their history with money is not great.
Thank you.... Read More

Get ready to evict is all I can say - the police will be of no help. Just be delighted if you get rent and you get your property back. You can try the police but as I posted I had one repaid and told to whistle (very much less politely by the officer in charge) for the 2nd time. They are not going to fiddle around with a key safe if they won't take a key from someone standing next to them. Maybe central London police are more aggressive - I know no others.
Landlords get no help - we have to help ourselves.
I did get some luck a while back when an outgoing tenant suggested his friend took the flat - he was fine but his friend's friends weren't and I found they were dealing drugs from the flat - I offered full deposit return if he (they as it turned out) left - they took it - I guess it was money, and when I turned up to see them out they had to carry a girl out who had passed out on the sofa. The tenant then asked me out - some people just don't get it. This is the only advice I can offer, has worked to me a few times - offering to void the contract and give back deposit and any rent paid up front if they will go with a 'this is obviously the wrong place for you'. try informal first - once authorities (like the council) are involved it's a different ball game. I don't use agents unless it's overseas students (big market in C London) - I've made a couple of mistakes but been able to buy myself out of it as above.... Read More

I totally understand the urgency of this - and really didn't want to get into a to and fro on line - however in both cases the key holder was standing next to them offering the key but they were so pumped up that the door 'had it' (with the first when no tenant was found, they threatened to arrest the key holder as she was offering the key) on the second occasion they secured the tenants door with a padlock, with info for me inside the locked door and then lost the key to the padlock - they did not secure the main door that they had also burst in through without ringing or knocking or shouting, so all others in the building were then exposed to the outside all night - I was told about this the following morning by another tenant who asked when I was going to fix the main door and they could take the sofa away. Some officers are brighter than others is all I'm saying. I asked why they would not take a key and would they break down all doors until they got to the girl who had taken the overdose and he said he'd break down every f'ing door - appreciate the passion but the keys were available in a split second and doors could have been opening ahead of them as they searched.... Read More

My first comment was an attempt to shorten this thread but as we see there is so much anecdotal evidence and it is a question that has been featured previously on this forum. The police act as they see fit at the time, we have no say, they will break down a door even when a key is offered, they will pay - or they will not pay - depends on the officer in charge at the time - I was refused a key because my tenant was ....the tenant .... and as a landlord I had according to this officer no right to have the key (bottom line was he'd lost it). Another apologised and arranged payment for the door - who knows, they do what they do.... Read More

Depends, I had one incident where the police attended as they believed the tenant was in the flat and had taken drugs, broke down the door (could have had keys but decided breaking down door was easier), tenant in Italy. I made a complaint, appreciating that they had concerns and they paid for the door.
2nd incident was a tenant who was found to have taken an overdose, police came and again could have had keys - keyholder in the same building, but broke down the door, saved tenant, secured tenant's door with a padlock and left paperwork for me inside on how to access the key, left front door unsecured which was just madness, didn't contact me at all - key never seen again. Made complaint, officer rude, told me I had to fix the door, made an official complaint as the officers' (probably plural) actions were unbelievably poor and had an apology, of the sorry you are unhappy sort of thing. Key to padlock never seen again, I was initially told it was at the station and had been signed in, then told that it had been put in the tenant's bag at the hospital as the flat was hers and not mine, I had no right to a key - she did not have the key in her bag. Bottom line is it is landlord's responsibility but police dance to their own tune.... Read More