Long Leasehold Questions

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Sticky: FAQ On Leasehold Property Issues-Your Answer Might Be Here by leaseholdanswers Started by leaseholdanswers, 29-05-2014, 08:36 AM	1 response 7,624 views 0 likes	Last Post by Guest 30-09-2014, 17:12 PM
Freeholders breach of the lease by surreygirl Started by surreygirl, 16-06-2019, 09:39 AM	3 responses 29 views 0 likes	Last Post by scot22 16-06-2019, 14:22 PM
Freeholders and Sub-tenants by cday356 Started by cday356, 16-06-2019, 04:23 AM	17 responses 143 views 0 likes	Last Post by eagle2 16-06-2019, 11:05 AM
Tenant of Leaseholder leaving property in common parts by TheManOnTheBus Started by TheManOnTheBus, 13-06-2019, 19:43 PM	9 responses 85 views 0 likes	Last Post by Lawcruncher 16-06-2019, 10:44 AM
Damp in old building with NO DPC by Stacker Started by Stacker, 02-06-2019, 20:00 PM	42 responses 458 views 0 likes	Last Post by scot22 16-06-2019, 09:52 AM
Freeholder applying to the FTT for unpaid service charges by Seaes56 Started by Seaes56, 15-06-2019, 05:20 AM	21 responses 162 views 0 likes	Last Post by Macromia 16-06-2019, 02:27 AM
Service Charge Bills “Do I have to pay it? “and “ Is it valid?” by leaseholdanswers Started by leaseholdanswers, 21-06-2012, 11:57 AM	12 responses 6,367 views 0 likes	Last Post by eagle2 15-06-2019, 07:56 AM
Service Charge Template by jimcarver Started by jimcarver, 14-06-2019, 06:29 AM	3 responses 48 views 0 likes	Last Post by jimcarver 14-06-2019, 15:26 PM
Sale of a freehold by LLS1001 Started by LLS1001, 12-06-2019, 10:04 AM	12 responses 131 views 0 likes	Last Post by LLS1001 14-06-2019, 12:45 PM
Section 20 Notice by Focus Started by Focus, 14-06-2019, 10:32 AM	6 responses 48 views 0 likes	Last Post by Focus 14-06-2019, 11:54 AM
LH successful at FTT by andydd Started by andydd, 13-06-2019, 08:58 AM	9 responses 127 views 0 likes	Last Post by andydd 14-06-2019, 09:46 AM

Freeholders breach of the lease

surreygirl

We had a surveyor in last year in April 2018 which said that the outside render was now porous and needed to be repaired as a matter of urgency and should be a priority. At a meeting they voted to wait for a year until people had saved up the money and also they needed to have an asbestos test done....
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16-06-2019, 09:39 AM
Reply to Freeholders breach of the lease

scot22

Sorry but a different view. Does your lease permit improvements ? Tanking may well be considered additional to repair and maintain. The interior of the wall is usually considered the leaseholders responsibility. Tanking would solely benefit your flat, not the building. It is likely to increase...
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16-06-2019, 14:22 PM
Reply to Freeholders breach of the lease

eagle2

Normally, a freeholder has a duty to repair and lack of funds cannot be used as an excuse for delaying works,

Whether or not the lease permits him to borrow monies and charge the cost of borrowing to leaseholders is irrelevant.

You appear to have a valid claim against the freeholder...
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16-06-2019, 11:23 AM
Reply to Freeholders breach of the lease

leaseholder64

What is the nature of the freeholders? Why do they have limited assets? In the worst case, they are a residents's management company, in which case they have very little leeway, as they will have very little money of their own and very little real security for any loan. They are also unlikely to be...
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16-06-2019, 11:11 AM
Freeholders and Sub-tenants

cday356

Hello all,

I would be grateful for some views on the following situation. We are a freeholder, and have a non-resident leaseholder who has been sub-letting his flat for more than a decade. We took over the freehold about 6 years ago. It has since come to our attention that the leaseholder...
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16-06-2019, 04:23 AM
Reply to Freeholders and Sub-tenants

eagle2

At what point is there a breach of the covenant for quiet enjoyment? There must come a time when the freeholder has requested access on a number of occasions and found no evidence of leaks that asking again must be considered to be unreasonable.

If the tenant is in breach, what remedy is...
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16-06-2019, 11:05 AM
Tenant of Leaseholder leaving property in common parts

TheManOnTheBus

I own the freehold of a small building (and a couple of the leases). One of the other leaseholders as let to a tenant who despite warning will not remove property (bicycles / push chairs) from common parts.

The leaseholder (and therefore their tenant) does not have the right under the lease...
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13-06-2019, 19:43 PM
Reply to Tenant of Leaseholder leaving property in common parts

Lawcruncher

I am not sure it is.

Section 12 starts: "This section applies to goods in the possession or under the control of a bailee".

There are four key words:

"goods": Is the bike goods? Yes, because the Act defines goods as including all chattels personal...
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16-06-2019, 10:44 AM
Reply to Freeholders and Sub-tenants

leaseholder64

Is your issue with the such deeds in general, or with the failure to restrict it to those covenants (typically the ASB ones, and in particular, excluding service charge payments) that are relevant to the sub-tenant.

There is, I believe, a common problem that sub-landlords use standard tenancy...
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16-06-2019, 10:44 AM
Reply to Freeholders and Sub-tenants

cday356

Thanks for your comments Lawcruncher,

Regarding your first paragraph, I appreciate the further clarity on how a covenant of quiet enjoyment should be interpreted.

Briefly regarding your second paragraph, the sub-tenants have been in occupation since 2004, so I wouldn't call...
- Channel: Long Leasehold Questions
16-06-2019, 10:26 AM

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