the managers of my flats are refusing to allocate parking spaces despite the lease requiring them to, and despite another leasee winning an High Court action to get her space allocated successfully! can I get an injunction? I am advised that the lack of an allocated space could reduce my value by 5%
the lease does not demise a space but gives the right to occupy the garage parking space provided by the Lessor. The rules and regs then say the vehicle must be parked in the numbered space allocated to them. Not everyone wants allocated spaces and some prefer a free for all so they can park in the most convenient space. some owners offered to join the original injuction but because of the risk of costs only one person took action. costs have been awarded against the freeholders £69K but these have been taken out of our sinking fund!
Youactually have two matters to deal with them. I think you have the reach ofdirectors duties for carrying on with this litigation and then taking the costsout of the sinking fund. It means that all the other leaseholders are payingfor this cost. That is a very specialist area of law.
Youare then faced with bringing the same action against the landlords as theprevious tenant which the landlord is definitely hundred breach of duty. Ifthey defend based upon the previous failed litigation.
Atthis stage in time, I think a strongly worded solicitors letter and possiblythe issue of proceedings might push this along to a conclusion although youwill always faced with the risk that a court may make a different decision. Icannot see how they could come to a different decision, but there is a risk forwhatever reason.
Youcannot beat the landlord with a stick until he rolls over and if he will notsee sense, then your only remedy is court.
To behonest, I cannot see why he bothered defending the action.
in your 2nd para you state hundred breach of duty - what does this mean?
what costs would be involved
Sorry, my typo.
Under a breach of duty.
Probably better put "Under a duty which they have breached"
I think they pursued defending this litigation pointlessly on the basis that they would simply take the costs from the sinking fund. That isn't what the fund is for
how much is it likely to cost me to pursue these two actions?
Theseare certainly not do it yourself jobs, although there is no legal reason whyyou cannot conduct such litigation yourself.
Inview of the previous successful case, you may be able to get a solicitor to dothis on a no win no fee basis and it is certainly worthwhile ringing around afew solicitors to see if you can find one that will take it on. You may have todo make quite a few telephone calls.
Litigationis never cheap and you can see that the landlords had to pay £69,000 in legalcosts when they lost.
If youlost, you could face the same kind of cost.
Becauseof everything that I have said above, you might want to speak to whoeverbrought the previous case because it would seem logical that the solicitorsthat dealt with the previous one could do this on the same basis.
Itwould also be worthwhile speaking to that leaseholder with regard to the factthat the costs came from the sinking fund because in effect, it means thatleaseholder paid for the cost of his/her own successful litigation!
He/shemight be interested in pursuing the sinking fund element.
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