Barnard Marcus Auctioneers, part of the Sequence Auctions group, has suspended the sale of 1 Blythe Court.
It has a ground rent of £8,000 a year, and the deed of variation outlining this condition does not appear to be in the legal documentation accompanying the sale.
The flat belongs to Margaret Anne Kirmond, wife of Martin Paine, through F.t.z. Limited. She is also the freehold owner of Blythe Court through Mercia Investment Properties Limited. Circle Residential Management Limited, of which Martin Paine is a 50 per cent shareholder with his wife, manages the site.
An early day motion in the Commons today by Sir Peter Bottomley called on the auctioneers to suspend the sale.
Sir Peter believes that “essential information of penal ground rent provisions that make the premises worthless” is being withheld from would-be purchasers.
At 12.56 today Sir Peter and LKP were assured the sale of the Paines’ flat would be suspended.
Chris Glenn, divisional managing director of Sequence Auctions / Barnard Marcus Auctions, stated:
“Our press office received a call from The Sun newspaper this morning in respect to this matter and, whilst raising the query with me, I received a call (and subsequent e mail ) from Sir Peter.
“We have removed the supporting legal bundle from our web site and placed a notification that we are investigating matters surrounding the legal pack.
“These investigations are now underway and we have raised a number of questions with our clients’ solicitor and our client.
“Once we have received satisfactory answers together with any required documentary evidence, we can then draw our conclusions and decide the best course of action.”
Sir Peter replied that “The word ‘full’ may be better than ‘satisfactory’ ” in relation to the answer from Martin Paine and Margaret Anne Kirmond.
Well done LKP.
This is brilliant news. Well done LKP!
Would the spivs operating in the leasehold sector kindly note, that what you are accustomed to getting away with unchallenged, no longer applies thanks to Campaign against retirement leasehold exploitation/LKP?
Martin paine and his wife stopped from ruining another persons life. Excellent work!
The saying “What goes around comes around” There are a few more Landlords that should be exposed.
There are many more freeholders, (with their puppet managing agents, bully solicitors and entourage exploiting leaseholders). The system needs to be addressed wholesale not have parliament discuss every individual case. My goodness they would be doing nothing else!
Excellent news. Well done to everyone involved.
In view of what a disgusting abhorrent thing Paine and his wife Kirmond have done I would doubt 100″ it is not the only scam they are involved with.
All of their companies should be fully investigated
I agree with this. All their companies should be fully investigated- but who is going to do that? There are so many dodgy freeholders, hiding behind dodgy solicitors and a myriad of little companies, ( property companies, management companies and other disguises) all geared up to obscure facts and divert money away from leaseholders. I ve looked into that and is an absolute maize. The government needs financial incentive and a specialist department to clean the Augean stables behind residential leaseholds.
I wonder if his wife gets stuck with the flat, will he make her pay the extortionate ground rent like everyone else?? Wonder how quick and easy it would be then to amend the lease.
I doubt they will loose out. I am not an expert but they could simply keep the flat without a lease as part of the freehold, ( so they don’t have to pay ground rent) and then everyone else on the block may even have to pay for its maintenance. Rents being what they are now and the housing shortage – they could simply rent it out.,I am certain a ‘clever’ solicitor is working out the details right now. Perhaps we can have the ‘clever solicitors’ view?
It is my understanding that some of the residents of Blythe Court already have a separate kitty in order to pay for their own maintenance. The maintenance company (run by Paine) in this case attempt to charge extortionate call-out charges to visit the block and assess the needs. As a result, without exercising their right to manage, the residents have initiated a make-do and mend attitude.
This has been managed by residents and comprehensive records of work done and amounts paid have been kept.
I wonder if his wife gets stuck with the property if she is going to have to pay the extortionate ground rent like everyone else? Or will we it be quick and easy to change the terms of the lease then.
A close reading of Louie Burns article on “informal lease extensions” in the LKP column under shows how unscrupulous freeholders can get away with this activity, and from the Blythe Court case it would appear the practice is widespread!.
Legal advisers who acquiesce in the drawing up of such “deeds of variation”, thereby leaving leaseholders without legal recourse, must be warned they will face disciplinary procedures..
More widely, solicitors operating in the leasehold sector and Counsel instructed by them must be made aware they are now under the microscope and the unprincipled tactics they have shown themselves capable of using on behalf of their muddy and murky clients in the past will now be exposed for what it is: abuse of process – that will ultimately lead to a striking off/disbarment or worse..