HELP!! 3 court summons in the same day?

[hotel]

Hi i need some help, i own a hotel down in dorset and have had a small run in with a local councilor, since then i feel that both me and my company have been targeted and harassed.
Within the space of less than two weeks i have received a visit from the local fire department, but they could'nt say or didn't realy understand why they had been sent, i have had 2 visits from my local council,1 regarding builder regs (although no builing work is or has been going on) and 1 from the health and saftey at work department. i have also had the AA drop in for a day check, and the health inspector checking out my kitchen.. on top of all that i also received 3 yes 3 court summons all on the same day, but all for different things. 1 of which is a high court summons, which gave me less than 2 working days notice untill the court date, so i didn't have time to appoint a barrister at such short notice, but when my solitcitor got to court the opersistion (who by the way is the local conservative councilor that i had a run in with) had a barrister and 2 solicters ready for the case. by the way the run in and that court case is all over the ownership of a peice of land which i have bought and paid for.and he is afectivly trying to steal.
Now can anybody tell me this is normal for all that to happen in less than 2 weeks?? please help and advise

[Goldlady]

Holy hell, the only thing you haven't had is a plague of locusts... If this local councillor has engineered all these things then it is highly unprofessional of him. Is he the other party in the alleged land dispute or just acting on their behalf? Was the land dispute what you fell out over in the first place? If you can prove that he was behind any of these then I am sure you have grounds to complain, but I would bet he has his ass well covered. What are the other two court claims about?

Friend of mine's ex had a visit from funeral directors saying he had called them in to make his funeral arrangements. While we're on the subject of dirty tricks....

If you have any evidence at all you can obviously complain, I am not sure if you can demand to know from the H&S and fire service etc where the instruction to visit you came from. If he really can't hurt you then if it was me I would hold my head up high and ignore him.

[hotel]

Hi
The whole dispute with the councilor is over my hotel staff quarters, which i have bought and paid for and are on my plans, but they adjoin a block of eight flats leased out to a seperate company, his mum lived in one of those flats untill she passed away last year,and he inherited that flat, since then he has become director of the flats management company, and has caused problems ever since. The other court cases are nothing to do with it, 1 is from the previous owners telephone contract and the other from a guest that lost his deposit.. out of 365 days a year, isn't odd that they all arrive at the same time,all from different courts and places. do you think that somebody is in the massons???

[Goldlady]

[miffedpuppy]

Does the management company hold the freehold of the flats?

[hotel]

i own the free hold to everything, the other company is just the managment company for the flats.
Problem is what's next for my hotel? loose the conferences from the councils and water board?? problems with my licenses ect??? it's hard to know where to turn because i don't know who his freinds are!!!

[miffedpuppy]

Ok so you own the freehold, and I assume its in your name at the land registry.
What exactly is he trying to do?

[hotel]

He is tyring to get the staff quarters by saying that the location of it is part of the loft space within the flats part of the building, although the lease clearly states 8 flats,of which there is, it doesn't mention staff quarters,storage or a ninth flat. The prolem came when he became director, all the previous owners to the hotel also ran the management company to the flats. he has submited an injuction to the courts on the grounds of us treaspassing. (all his legal costs are covered by their insurance company) i don't think the plans of the buildings are that clear when first drawn up.

[miffedpuppy]

The ownership(leasehold) of the flat usually relates to everything within the four walls of the flat, including floorboards and plaster to walls and ceiling, but does not usually include the external or structural walls. The structure and common parts of the building and the land it stands on are owned by the freeholder, who is also the landlord, who is responsible for the maintenance and repair of the building.
I assume the Management company act as a managing agent for you the Landlord(Freeholder), if not how is the arangement set up, you could allways terminate the management company agreement, in accordance with the terms of the contract.

[hotel]

The prevoius owners and builders of the flats and parts of the hotel, set up a limited company with a 99 year lease for the 8 flats and comuninal areas, this company has sublet/sold leaseholds the individual flats,and the owners of the flats have a share in that seperate ltd company, most people have lived there for 4+ years with no problems, until their new director the local planing councilor inherited his late mothers flat.
The ltd company is responsible for the maintaince and repair. and they pay us only the ground rent. the flat owners pay an amount yearly that goes to the ltd company for repair ect.
The problem is on the drawing/plans it shows part of the building that they lease houses most of my staff quarters also.

[miffedpuppy]

Ok so have you got an original copy of the lease, does it show areas marked in red (for land registry) and areas in blue. If so it will show which areas are included in the leasehold and which are not.
With regard to the management company they themselves are not leaseholders they act as agents for the freeholder (you) on behalf of the leaseholders (them) find a copy of the agreement between the original freeholder and the management company. It should tell you about your obligations as freeholder and thiers as agents.
It is not unusual for the management company to be the leaseholders, however they have no legal ownership of the freehold and as I keep saying are agents. In the contract it may be possible to terminate this arangement.
Freeholders by definition on leasehold buildings own the land and the structure, leasehold is mearly a long rental. In fact it is quite difficult to obtain a mortgage on a freehold flat as the question of whom owns what is very subjective, and the BS dont like the problems assosiated with it.
Where its leasehold the structure of the building is the freeholders responsibility and should subsidence occur you as the freeholder have responsability. The management company should be holding a sinking fund for major repairs and thier accounts should be able for you to inspect as their fudicary responsibility is to you.

[miffedpuppy]

silly question did they achive the right to manage under The Commonhold and Leasehold Reform Act 2002 , if so you as freeholder have a right to be part of the management company.

[hotel]

Thank you all very much for the great response,, hopefully this has now been sorted out.

What happend was this: late Monday afternoon (the day befre the court case) i got a phone call from my solicitor to say that councilor david jones (who instigated the whole case against me) had actully lied to his own insurance companys legal department and the court, in relation to the treaspassing claim, and because of this the case has now been dropped and my costs have been awarded to me. so hopefully that is nearly the end of that little case!!! But what else is he going to try for next?????

Once again thank you very much..
Take care x

[DonkeyB]

Don't forget to tell the local papers!

[pompeyfaith]

i would report him to the local council as he is not fit to be a councilor

[miffedpuppy]

Misconduct in public office is a Criminal offence, it would appear that by telling fibs this man was trying to pervert the course of justice.

Wilful neglect/misconduct

There must be a serious departure from proper standards before the offence is committed. Mere negligence is not enough. The conduct required must be so far below acceptable standards as to amount to an abuse of the public's trust in the office holder. A mistake, even a serious one will not suffice, nor will mere inadvertence. There must be reckless indifference in a subjective sense or proof that the defendant knew that he was acting unlawfully or to have wilfully disregarded the risk that his act was unlawful. There must be more than mere non-feasance, namely deliberate failure and wilful neglect.

Report him to the boys in blue.

See The CPS : Misconduct in public office

[hotel]

Mr David Jones has now removed my soil pipe from the Flat underneath mine, therefore i have no toilet!! surly he can't do that? these little problems are just getting worse and worse, i have written to my loacl Mp over most of the issues, but all he has done is pass my letter of complaint ont to David Jones... help someone out there in the goverment/council must be able to do something!!!!!

[pompeyfaith]

Have you phoned the water company to inform them what he has done. Worth a try im sure they would not be happy as its a toilet soil pipe.

Regards

Leon