Property repossessed has Court Order against it

M

mercman

Guest
Another interesting one. An apartment above mine has been repossessed by a Bank. There is a court order unsatisfied against the property, for which my property was unable to be let for the past 6 years. Acoustic tests were recently carried out which shows my complaint as justified. The Bank have a buyer for the property, but I am saying the works and Court Order must be fulfilled. The terms of the lease were clearly ignored and the Management Company are stuck between a rock and a hard place and it appears that they are going to allow the sale to go ahead to recover their loss of Management Fees. The previous owner has not run out of money and is playing a game so not to deal with the issues, Court Order and possible claim from me for the loss of rent.

Any ideas as to how is the best way to handle this ??
 
I've done that but the entire is like the lunatics running the asylum. The main culprit is the MC who have failed in their responsibilities of allowing the lease terms to be broken, and then not following up on the Court Order.
 
Because they thought the previous owner was a God. Their mistake and the saga continues. I've paid Management fees to last year and I won't be paying another cent until this is resolved. In fact I believe they owe me money as the fees should not have been paid until the issues were resolved. My own property was unlettable for the best part of six years and there are agents comments in writing to confirm this.
 
I'll try again Mercman, who has made a court order against the management company, who brought the case, and what is the order for?
 
Sorry I should have made it clear. The MC and I were joint plaintiffs in the case against the past owner before repossession.
 
Surely your solicitor should have moved forward?

Not been a smarty but in what regard ?? Hundreds of letters but the MC have ignored their duty for the other property owners.
 
As you were a plaintiff you are/were in a position to move forward in enforcing the court order against the defendant. You can do this independent of the MC.
 
But we thought it was best as the MC were best placed to deal with the issues. They were given a list of excuses as to why not an inspection could take place. In the end it took a trades man with a camera on his phone to show how the court order was not adhered to plus one could hear the pumps above.
 
The Management Co have chosen to ignore all the issues I have raised. They are now aware that if this week the sale is allowed to go through without the works been done, I intend to get an injunction to stop the sale. This will entail using all the sundry account's money but frankly I don't really care as my property has remained vacant for the best part of six years whilst others were allowed breach the terms of the lease.
 
Back
Top