The management company have requested a TR1 with a covenant to perform the leasehold covenants/conditions/obligations, and have asked for quite a considerable notice fee and consent fee.
The company secretary is an officer of the company and is holding herself out as having implied authority.
It would appear to be common practice up until now for the secretary rather than director to execute deeds in the presence of a witness. Going forward I would suggest either the secretary is appointed as a director or that the existing director sign deeds.
A colleague mentioned there has been a case about challenging the reasonableness of management company's notice/consent fees and I wonder if any of this sounds familiar?
In your article on "Perpetuities: rules for property transactions", the example you give as to how a lease of more than 21 years can be granted are useful, but please could you advise why in each case it is necessary for the reversionary lease to commence during the term of the existing lease?
I am dealing with purchase of a leasehold residential flat.
The management company has been dissolved and the landlord has taken over the management company's obligations and collects the service charges and manages the development and has done so since 2012.
My concern is the validity of previous deeds purportedly entered into by the company.
How can a residential purchaser of a flat protect itself from being pursued for arrears of service charge where the management company has been dissolved and the landlord has stated that it will not pursue the arrears?
There are no other special conditions relating to tax or transfers as a going concern.