robmoores
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@ericsbrother: thanks for the response. As the freeholder is unknown (possibly long since deceased) there would be nobody for the residents committee to take the issue up with ! I guess it all hinges on the rights of the residents committee then ...
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Thanks again for the replies... to answer questions posed ... - this was my mother's main home - we moved her up to Leeds recently and because the housing market is slow the family clubbed together to buy her a flat so she didn't need to sell her flat first - Th residents committee have agreed that she can TEMPORARILY let her flat for up to 12 months as long as she is actively trying to sell it. So that is fine - the problem now is: - there have been several interested parties to buy the flat as a buy to let; however they have pulled out when the estate agent tells them that the flat cannot (generally) be let Hope that helps clarify
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Thanks everyone for your replies... She is a bit forgetful and having talked to her tonight she has decided that: - all the flats are leasehold - there is a freeholder but nobody has been able to late her/him/the organisation for many years ! - the committee is a Residents Committee - the rule about letting the property is in the original deeds - interestingly, the deeds also do not allow the garages to be used to park anything except cars, however nobody s enforcing this and several residents use the garages to store boats so .... 1) Does the Residents Committee have the right to enforce conditions laid down in the Deeds, or is that the Freeholders (who is unknown) responsibility ? 2) Either way, if the condition regarding garage use has been flagrantly flaunted for many years, might this set a precedent ? Thanks again for your questions and advice to date ...
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Thanks for the replies above: - The rule is documented in meeting minutes and actions a a decision of the committee. The committee consists of some of the residents - I don't understand that you mean by "factoring" - can you explain please ? Many thanks again for taking the time to reply ...
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My Mum owns the freehold to her flat - one of 16. Most of the flats are owned as second homes (It is at the seaside) The management committee have a rule that the flats cannot be commercially let/ rented - they can only be occupied by the owners and their families. My question is: is such a rule enforceable ? Thank you for reading !
