Freeholder won't give retrospective consent

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  • jeffrey
    replied
    Originally posted by Poppy View Post
    Has your freeholder showed any sign of making you revert to the original condition? If not, there might not be a problem.

    It is my understanding that the person who will be the insured (if that's the way things progress) is the prospective buyer, not you. You're selling and that will be the end of your responsibility.

    At the end of the day, it is up to your prospective buyer to decide whether they want to take on the risk that at some point in the future the freeholder may try to make them reinstate the flat to its original condition. The ball is back in the prospective buyer's court.

    At this point, there is not much else that you can do.
    There are a few other techniques to unblock the problem.
    If anyone needs to know - I have already explained to Jason - refer to Limitation Act 1980(12 yr rule for one-off breach) and s.45(2) of Law of Property Act 1925 (clear ground rent receipt).

    Leave a comment:


  • Poppy
    replied
    Has your freeholder showed any sign of making you revert to the original condition? If not, there might not be a problem.

    It is my understanding that the person who will be the insured (if that's the way things progress) is the prospective buyer, not you. You're selling and that will be the end of your responsibility.

    At the end of the day, it is up to your prospective buyer to decide whether they want to take on the risk that at some point in the future the freeholder may try to make them reinstate the flat to its original condition. The ball is back in the prospective buyer's court.

    At this point, there is not much else that you can do.

    Leave a comment:


  • jeffrey
    replied
    Originally posted by jasoneden View Post
    Hi,
    I was wondering whether I could get some advice on the following subject please?

    I bought a leasehold flat eight years ago. At the time I just got a basic valuation done and no survey. When I purchased the flat, it had a set of french doors already built in the main bedroom. I am now selling my flat and the buyers' surveyor noticed that the french doors aren't original and asked for proof of the freeholder's agreement, which I didn't have.

    My freeholder, who has never seen my flat and charges me £25 ground rent every six months, has said that he won't agree to the french doors.

    My solicitor said that I needed to get indemnity insurance and my freeholder's signed agreement allowing the french doors. My original solicitor who I used 8 years ago said that all I needed was to get indemnity insurance for about £40 and that would have covered the situation. My current solicitor has disagreed, after trying to tell me that they didn't advise me to tell my freeholder and get indemnity insurance. They have since admitted that they told me to do both, but their reason was that as I can contact my freeholder I wouldn't have been able to get the insurance anyway!

    Could you give me any advice please, as I feel it isn't fair that something that happened before I bought the flat can risk my sale and cost me thousands of pounds!

    Thanks,
    I agree that asking for L's consent scuppers getting indemnity insurance.

    How long ago were french doors installed? Depending on covenant wording, enough time elapsing (>12 yrs) may protect you from L, as might clear ground rent receipt.

    If you like, send private message with your tel. no. and I'll call you tomorrow a.m.

    Leave a comment:

Latest Activity

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  • Freehold valuation
    Anna1985
    Trying to find somebody to carry out the freehold valuation.


    So far no luck, any recommendations?
    Thanks
    11-07-2019, 13:58 PM
  • Reply to Freehold valuation
    vmart
    Hi Anna

    You could try searching for desktop valuations of freehold. This service would be adequate for valuation purposes though not suitable re condition which would require a site survey. Nevertheless, speak with a company offering desktop valuations and ask them if condition impacts...
    13-07-2019, 12:53 PM
  • Reply to Freehold valuation
    Anna1985
    Thank you for the advice. We basically know the price range of the freehold, it is more to validate it as an asset and to see if the value of it will be affected by actual state of the property.
    13-07-2019, 11:32 AM
  • Reply to Freehold valuation
    vmart
    May I ask why you need the valuation?

    TRY THIS: telephone a solicitor that deals with enfranchisement (google 'enfranchisement solicitor' and put in your postcode). Call them and ask if they can recommend a surveyor specializing in valuing freeholds....
    12-07-2019, 17:06 PM
  • Reply to Freehold valuation
    Anna1985
    There are lots of people who do valuations. As soon as you mention freehold - we will come back to you and they are still coming back.

    I'm really wondering if it is really worth to have it valued....
    12-07-2019, 15:14 PM
  • Reply to Freehold valuation
    vmart
    I am surprised but you will just have to google or check online directories for surveyors in your area. Sorry, I cannot be of more help but there are plenty of surveyors offering freehold valuations.
    12-07-2019, 11:13 AM
  • House has two leases, can I buy the freehold or head lease?!
    Emiden
    I am in an area of the country where the council retains the freehold on developments - ostensibly to avoid fragmentation of estates. My developer owned the head lease when I bought the property, and has since sold it to a leasehold management company. The head lease is a peppercorn rent to the council...
    09-07-2019, 09:10 AM
  • Reply to House has two leases, can I buy the freehold or head lease?!
    Tipper
    We enfranchised our freehold at which point the head lease and our own lease were merged into our new freehold title....
    11-07-2019, 21:29 PM
  • Reply to Freehold valuation
    Anna1985
    I did, tried several people - 0 reply.
    11-07-2019, 19:31 PM
  • Reply to Freehold valuation
    vmart
    Recommendations are against forum rules.

    Check the RICs website. Scroll down to the bottom of the page and select the 'Find a Surveyor' link. Enter your postcode to populate the page with a list of surveyors near you.
    11-07-2019, 19:25 PM
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