News of a common situation faced by many in new build developments, where there are attached parcels of land.
Readers will be familiar with developers passing on the freeholds of the properties and attached land, thus engineering a situation that allowed Peverel connected companies to become the freeholder and then appoint themselves as managing agent.
In this case a sharp eyed leaseholder noticed that though the developer sold the freehold to Fabrevan,(a sister company to Peverel) the actual transfer was only for the buildings and not the attached land.
That Peverel did not hold the freehold to the land (so could not have ben appointed to manage the land, did not stop them sending out demands for service charges.
The leaseholder refused to pay. Peverel after many threats took the leaseholder to court, doubtless in the belief they would be scared off. The leaseholder stood firm. Peverel lost and were ordered to pay costs.
The judgement was very clear. Peverel/Fabrevan did not own the freehold for the land.
Anyone in a similar position should check who owns the freehold of attached land.
As has been proved in a court of law, just because Peverel send a demand, does not mean they are entitled to do so.
