From Us BPRA, HASS, our legal representation and meeting with Gareth Johnson MP. We had a productive meeting with Gareth Johnson MP and Kyle Sealey our local Councillor yesterday regarding the transfer from First Port, please see our notes from the meeting below. 1. Gareth Johnson has secured a debate in Westminster Hall next week Wednesday at 2:30pm, titled ‘Freeholders and Leaseholders Reform’. He will raise our plight and those of other developments who are in similar situations. This will be televised and recorded. We will send me the link before the meeting! 2. Gareth Johnson MP will write to FP and ask for a meeting to discuss the unfairness of our situation. 3. There is new reform coming out which will apply to both lease and freeholders but no one knows when, hopefully it will be in this parliament, for this year but we have to watch this space. As soon as Gareth hears anything, he will let us know. This was on the back on information received from Richard at HASS and Charlotte Collins, Head of Litigation Jobsons Solicitors Limited Charlotte Collins Solicitor, update on Bexley Park, she has confirmed that we will send a final chaser to the other side and then proceed. The next stages will reflect the following: (i) We are of the view that the term in the Lease makes it virtually impossible for the leaseholders to appoint a new manager and that that this is a deliberate attempt by the Landlord to make any changes of management an impossibility. This term in effect causes a deadlock situation. (ii) The Clause has the effect of restricting our clients’ right to live at the property, as the burden placed upon the tenants/leaseholders to appoint a new manager is virtually impossible to carry out. (iii) The court is under a duty to investigate any unfair terms in the Lease even if the Clause is not disputed by either party. (iv) The Lease should set out all obligations in a clear and comprehensible way, so that the leaseholders can see how they relate to each other. (v) It is clear that the wording of the Clause is weighted #unfairly against the Freeholders/leaseholders and the wording is not transparent, enabling the leaseholders to make informed choices. The effect of these is that we have asked the other side to simply enter into a management lease and assign it to there nominee. In the absence of a response, we have instructions file a report to the Competition and Markets Authority, who we understand have previously investigated the Lessor First Port for similar conduct. This is unlikely to be a very expensive route as there are not, at this stage, any Court proceedings or Court fees. We hope this is clear to our residents on Bexley Park on the issues we have been dealing with, and that we have not given up the fight to remove First Port to a local resident lead management organisation.
Best wishes
Gary
Chair BPRA
