Dodgy Landlords or Dodgy Freeholders?

Here’s another instalment about the Bournemouth legal system..

Dodgy Landlords or dodgy Freeholders? The situation being; you buy a property in good faith, before you know it some form of managing company writes to you… On the surface the letter appears official.  Once read you soon realise that what is being asked for is money for old rope – yours!

Is there a get out clause – yes there is!

Firstly make sure this is the very first form of communication you have received.  Secondly look for the obvious!  Has the letter been signed and dated.  Is there an address to which Notices can be served…?  Providing you are dealing with a Limited Company you can contact Companies House (Cardiff) or go on line and look up Dun & Bradstreet, pay your money and get the end of year accounts.  This information will tell you who the directors are, where they are based – information you need.

Now that you are ‘armed’ you can now fight back.

The ‘Teflon Don’ special – not a lot sticks!  Quickly identify who the Freeholders are, are they the ones who are writing to you? (contact Weymouth Land Registry) If they are all you have to do is stick to the facts.  A breakdown of accounts (costs) is just, that never be afraid to challenge the validity of proposed ‘works’.  This applies at any level.  Remember the basics – contract between parties A & B (you and the Freeholder) party C (the management company) is the Third Party = Third Party Disclosure.  This is where you can also bring in the DPA namely The Data Protection Act – Finance Act (Revised Edition 1998).  Use it or lose it.  Do not put up with any nonsense regarding this being a matter for the Financial Services Authority – it’s fronted by the DPA.

Technicalities are what win and lose the court cases..

Don’t forget the humble Affidavit!

Another worthy short-cut is the often undervalued Affidavit… Make the opposition take you to court to prove their case.  For the sake of say £20.00 you can spin the tables on the other side, list out all their alleged monies owed and turn it on them.

I know first hand how bent some of our local Freeholders are, some even believe that being married to a solicitor makes them invincible – not!  Said wife wound up having to pay all court costs…within 12 months had sold said Freehold.  Madam had gone for a Repossession Order without going for Arbitration/Mediation – worse still (not reading the LEASE). Which is why straight away the Land Registry were contacted along with Companies House.  The next shot launched was straight back to the Freeholders regarding the Third Party whose services had not been instigated or required…

Food for thought…