Injunction advice please?
Hello this is my first post on this forum.
My wife and I have a big problem as follows
We live in a mortgaged flat with 992 year lease and share of freehold. I bought the place about 11 years ago, met my wife about 8 years ago and she has lived here since then. The flat is worth around £200,000
There is a mangement company (set up as a limited company, but is essentially a residents association) it comprises one chairman and 4 directors and that really is the problem.
We have had major problems with the chairman (since about 2003) and and very recently one of the directors. Most are old guys who are either retired or unemployed. They are very cliquey. The chairman is not married and has no children.
The chairman started off by sending a forfeitsure of lease notice back in 2003 due to our supposed noise. He had to apologise when we proved we weren't even in the country when the noise was reported.
Since then the same chairman has dumped filthy rubbish from the bin area outside our front door (as well as other families) on many occasions whenever he feels like it.
He has even thrown our pram as well as our neighbour's into the bin area which he knows full well has rat poison laid down.
What really annoys him is anyone who has children. We have a 4 year old who is very well behaved. He goes out of his way to antagonise anyone with children in the complex. He constantly makes up false acussations about people to try and essentially turn the place into an old folk's home with no kids to be seen. I also feel but can't prove he has racist tendencies, my wife is black and all his victims appear to be non white
We have reported him to the the general manement company who collect our service charges and they have said they will speak to him. We have also called the local community police and they have paid him a visit on more than one occasion.
The matters came to a head recently when another director's teenage children came around and were kicking a ball at our window, my wife confronted them and was suffered a torrent of vile obscene abuse. We told them to get away from our property only to have them come back later stating they had the chairman's approval. My wife sent a strongly worded email the same to the director to sort this out or we would call the main police (we then called the community police officer again) These teenagers have been intimidating all the children in the area that we know of. We feel the chairman approves their behaviour.
The strange thing is the that the community police officer informed us a few days ago he spoke to the Director and chairman the day after the incident and they said they had no problems at all with my wife
My wife received a solicitor's letter some days after the incident stating she had libeled the director and chairman in the email. We politely responded and stated there was no libel and that they had harrassed us.
About a week later I received another solicitor's letter stating that from the previous letter my wife had continually harassed the directors and other residents and that the management company are now seriously considering forfeiting our lease. This is a complete lie as my wife had no contact with any of the directors in any way and gets on well with all our neighbours.
We contacted an online injunction company and got them to send an LBA letter to both the chairman and director asking them to retract this lie and essentially keep away from our property (100 yards). They both live some about 200 and 300 yards from our flat.
They haven't responded to our LBAs within the 14 days and we will now get the local court to grant the injunction, we will also be asking for costs.
The question is who should we make the defendants ? Should we go after the directors as individuals or the management company as they the letters they sent to us, appear that they are acting on behalf of the company. We have plenty of witnesses and many neighbours who want to appear on our behalf at court.
Some people have suggest we move and yes I would if i could afford it but right now that is not an option. We have already contacted the local council who say as we are not tenants they can't help. It seems that in this country leaseholders have less rights than those renting.
Sorry about the long description.
Hello this is my first post on this forum.
My wife and I have a big problem as follows
We live in a mortgaged flat with 992 year lease and share of freehold. I bought the place about 11 years ago, met my wife about 8 years ago and she has lived here since then. The flat is worth around £200,000
There is a mangement company (set up as a limited company, but is essentially a residents association) it comprises one chairman and 4 directors and that really is the problem.
We have had major problems with the chairman (since about 2003) and and very recently one of the directors. Most are old guys who are either retired or unemployed. They are very cliquey. The chairman is not married and has no children.
The chairman started off by sending a forfeitsure of lease notice back in 2003 due to our supposed noise. He had to apologise when we proved we weren't even in the country when the noise was reported.
Since then the same chairman has dumped filthy rubbish from the bin area outside our front door (as well as other families) on many occasions whenever he feels like it.
He has even thrown our pram as well as our neighbour's into the bin area which he knows full well has rat poison laid down.
What really annoys him is anyone who has children. We have a 4 year old who is very well behaved. He goes out of his way to antagonise anyone with children in the complex. He constantly makes up false acussations about people to try and essentially turn the place into an old folk's home with no kids to be seen. I also feel but can't prove he has racist tendencies, my wife is black and all his victims appear to be non white
We have reported him to the the general manement company who collect our service charges and they have said they will speak to him. We have also called the local community police and they have paid him a visit on more than one occasion.
The matters came to a head recently when another director's teenage children came around and were kicking a ball at our window, my wife confronted them and was suffered a torrent of vile obscene abuse. We told them to get away from our property only to have them come back later stating they had the chairman's approval. My wife sent a strongly worded email the same to the director to sort this out or we would call the main police (we then called the community police officer again) These teenagers have been intimidating all the children in the area that we know of. We feel the chairman approves their behaviour.
The strange thing is the that the community police officer informed us a few days ago he spoke to the Director and chairman the day after the incident and they said they had no problems at all with my wife
My wife received a solicitor's letter some days after the incident stating she had libeled the director and chairman in the email. We politely responded and stated there was no libel and that they had harrassed us.
About a week later I received another solicitor's letter stating that from the previous letter my wife had continually harassed the directors and other residents and that the management company are now seriously considering forfeiting our lease. This is a complete lie as my wife had no contact with any of the directors in any way and gets on well with all our neighbours.
We contacted an online injunction company and got them to send an LBA letter to both the chairman and director asking them to retract this lie and essentially keep away from our property (100 yards). They both live some about 200 and 300 yards from our flat.
They haven't responded to our LBAs within the 14 days and we will now get the local court to grant the injunction, we will also be asking for costs.
The question is who should we make the defendants ? Should we go after the directors as individuals or the management company as they the letters they sent to us, appear that they are acting on behalf of the company. We have plenty of witnesses and many neighbours who want to appear on our behalf at court.
Some people have suggest we move and yes I would if i could afford it but right now that is not an option. We have already contacted the local council who say as we are not tenants they can't help. It seems that in this country leaseholders have less rights than those renting.
Sorry about the long description.