Item 1 regarding Inspection of the Accounts:
Clause 3.6 of the Lease
Lessor or the Lessor’s Agents employed for the management of the
scheme shall keep proper accounts of the Service Charge and the
Lessee shall be entitled from time to time to visit the Office of
the Lessor or of such agents (if Agents are so employed) upon first
giving reasonable prior notice of intention and inspect such
accounts and satisfy himself from the information supplied as to the
due amount of the Service Charge and the Lessee shall be entitled
(if not satisfied as the result of such inspection) to have such
accounts audited by an independent and qualified auditor.
Under Clause 3.6 of the Lease
above, and Clause 50 & 54 of the
Memorandum of Association in reference to inspection of the
accounts, it does not state that any prior conditions should be
to enable the inspection to take place, nor does it state that
members of the committee could or should be present at that
It would appear that the actual regulations set out in
the Lease and Memorandum of Association have been misinterpretated either by ignorance or design to suit
Item 2 regarding Parking Spaces:
Clause 1 of the Lease – The first Schedule under ‘Rights included
for the Lessee’
right in common with the Lessor and the Lessees of all other
Dwellings in the Scheme and all others having the like right to use
in common with the owners and occupiers of all other Dwellings and
their visitors the car parking spaces (other than those situated in
front of garages and subject to availability of space)......
Item 3 regarding the keeping of Pets and Washing Lines:
THE FOURTH SCHEDULE in the Lease – Regulations as to use of the
Dwelling and facilities within the Scheme.
Item No.1: Not to
keep pets in the Dwelling except with prior written consent of the
Lessor which consent is not to be unreasonably withheld ......
Item No.7: Not to hang or allow to be hung any clothes or other
articles on the outside of the Dwelling (otherwise than in the
garden (if any) provided).
This clause has been misinterpretated due to ignorance
or design by the director and committee in relation to washing
lines. Nowhere in this clause does it state that a washing
line or post cannot be put up as long as it is not fixed to the
dwelling itself, nor does it actually mention whether placing a
washing line in a ‘communal
spaces’ is allowed or not and has been interpretated by the
committee incorrectly to suit their own agenda.
Back to the top of page