Q&A - Maintenance Issues 

RESPONSE

Thank you for your enquiry.

In respect of the perceived lack of maintenance issue you may have a couple of options. The first would be to commence proceedings against the landlord for breach of its obligations under the terms of the lease.  A second option maybe, subject to having a sufficient number of other flat owners on board and also the building qualifying, would be to exercise your rights either for the Right to Manage or thirdly, to purchase the freehold.  Exercising the right to manage option would effectively mean that the “management functions” under the terms of the lease would be transferred to the Right to Manage Company on its Acquisition Date.  The Right to Manage Company would thereafter be responsible for the management of the development going forward.  The Right to Manage Company would therefore have control over management, the placing of the insurance, the setting of the service charge budget etc.  Alternatively, there is of course the option to purchase the freehold.  The process and qualification for exercising the freehold option are effectively the same as with the right to manage, however, there would of course be no premium payable for the freehold.  

In respect of the directorship, subject to the articles of association of the company containing anything specific in them, there is generally no rule that directors cannot be over 70 years of age.

Yashmin Mistry is a partner at JPC Law