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Overriding a decision made by a freeholder. Help!

3 replies

Witchtower · 03/02/2020 14:29

Hello, I currently live in a share of freehold. We are a limited company and all 6 shareholders have an equal share.
The freehold wants to upgrade the lease by allowing the flooring in the properties to comply with the current British soundproofing regulations and standards. One freeholder is blocking this. The freeholder blocking this is ironically the freeholder who is concerned by the noise. So this will work in their favour but they are still refusing to listen to any information given by us and experts.
What I am asking is can she be overridden. I’ve done a bit of research and it seems as though we can vote at a meeting BUT this has to be done in a specific way for it to be legally binding.
Has anyone experienced anything similar before?

OP posts:
Collaborate · 03/02/2020 14:58

What do you mean by "upgrade the lease"?

I'm guessing here that you each have a lease and the freeholder is a limited company, but your post is unclear. You need to check the terms of the leases, and the memorandum and articles of association of the company.

MarieG10 · 03/02/2020 17:55

It depends on any terms in the lease as long as there isn't a restriction preventing the freeholder deciding this, but if the freehold is held by a limited company, isn't the decision by majority vote if the shareholders ?

Witchtower · 05/02/2020 09:23

Thank you all. I did a bit more digging. So as freeholders we can override her decision. But as a lessee she has rights. If we want a deed of variation then we can also override that as lessees and as we are a property with only 6 leases then it can be altered if only one person is in disagreement. This can be done as the lease is more than 21 years old.
But we will need to go via tribunal.

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