Breach of lease help

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    #16
    They have got you over a barrel, as a result of your own breach of covenant notwithstanding that they are being tough, probably tougher than I would be in the circumstances. The Governing body you are looking for is called the Courts. The best thing you can do is get the two leases drawn up, even if you have to borrow the money to complete and then you are sorted to procede with such sales as you may wish

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      #17
      May I ask how much your freeholder is asking as a premium for all of this? The reason that I ask is that you do (after all) stand to gain a bit of a windfall from being able to sell two flats and not just one...

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        #18
        "..completed and signed off with all their correct certificates" - Who were responsible for confirming completion, signing off and certification of these two properties?

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          #19
          flyingfreehold,

          Thank you, they have said they are drawing up the leases and they'll be finished in a few days. But they've been saying this for 5 months.

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            #20
            Originally posted by Lorimer View Post
            May I ask how much your freeholder is asking as a premium for all of this? The reason that I ask is that you do (after all) stand to gain a bit of a windfall from being able to sell two flats and not just one...
            They are asking for all costs to be paid, solicitors, extra surveyors, valuation etc.. This totals £25,000 plus their premium for retrospective permission which is £115,000 so a total of £140,000.
            After the cost of the conversion, planning, the freeholders 'expert witness' report, our marketing and solicitors... And mortgage... We stand to earn a profit of 50,000£.the reason we w not ahead is that both flats below us did the same.. But with the correct the permission...(which we thought we'd had)

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              #21
              Originally posted by DOK View Post
              "..completed and signed off with all their correct certificates" - Who were responsible for confirming completion, signing off and certification of these two properties?
              We had a reputable contracting from, a local building inspector, the council and planning department. Three other separate surveyors and regulators appointed by the freeholder and a sound engineer.

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                #22
                Sounds like you already had consent to me. However, I'm not sure if the FTT would be willing to rule on this.

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                  #23
                  Mellifluous,

                  And were you provided with a breakdown of what the 115K premium comprises or was it just a random figure plucked out of the air? Do you have evidence that the other leaseholders paid a lower fee than this because their consent to alter applications were not retrospective?

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                    #24
                    No there wasn't a breakdown, it was labelled as 'premium for retrospective building consent'.
                    the best we can work out is the difference of current market value of both minus the purchase cost of the original flat and divided by two.
                    All Construction costs were asked for, invoices and complete breakdown. We thought they would minus these figures from the total, but they weren't included in their calculation...(I'm assuming) at all.

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                      #25
                      Originally posted by Lorimer View Post

                      Do you have evidence that the other leaseholders paid a lower fee than this because their consent to alter applications were not retrospective?
                      no, we don't have any evidence of how much they paid, they also haven't sold their flats. They're all rented.

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                        #26
                        The usual formula is a 50/50 split in the profit. I think maybe an application to the FTT is in order. Just I'm not sure if development is something they can rule on.

                        An alternative is just to let the flats until freeloader is willing to play ball.

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                          #27
                          What is the FTT?
                          Are we allowed to let them? We are currently 'living' on one and the other is on the market...

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                            #28
                            I have just been thinking... There is an outstanding surveyors invoice for a valuation the freeholder requested, by a surveyor they chose. I have confirmed myself and through my solicitor in writing that as money is very tight the invoice will be paid on completion along with the freeholders premium.
                            Could this be the hold up?

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                              #29
                              Good grief. The FTT is the First Tier Tribunal. Google it.

                              Not sure that I would be paying any more made up invoices until freeloader started playing ball.

                              Regarding your question about letting, what else are you going to do?

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                                #30
                                Thank you... I did google.... In fact I'm an avid googler.. And all that came up was financial transaction tax ...FTT


                                On my lease it states I have to have consent to sub-let..im assuming if I ask I won't get a reply......

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                                Latest Activity

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                                • Leaseholder/freeholder relationships
                                  Emilycarter
                                  Hi

                                  Can a freeholder insist that a Leaseholder contacts the Managing Agent only with matters relating to the property?. We have a Leaseholder who insists on copying us into all communications, (via our personal email addresses and not the freeholder email address) and if the Managing...
                                  20-07-2018, 21:15 PM
                                • Reply to Leaseholder/freeholder relationships
                                  Emilycarter
                                  Thank you for your responses. So far there have been no rewards! Just thousands spent on legal fees in getting another Leaseholder to reinstate their flat to a single dwelling and stop letting a room to a family of 5! Our MA always responds within a day, we just feel that the Leaseholder in question...
                                  21-07-2018, 13:30 PM
                                • 1st Service Demand
                                  Seaes56
                                  I would like to send out a service charge demand to my neighbours. This is the first time they will have been asked to pay anything for about 30 years. This is a property I inherited which was in a bad state of repair. I am freeholder and the other leaseholder. My neighbours are quite set in their ways...
                                  19-07-2018, 19:57 PM
                                • Reply to 1st Service Demand
                                  leaseholder64
                                  Having lots of items that come to exactly the section 20 limit looks very suspicious to me. In particular, I think it might be difficult to argue that communal lighting and garden lighting do not fall under the same section 20 job. That's on a good day. If the tribunal members got out of bed on the...
                                  21-07-2018, 11:54 AM
                                • Reply to 1st Service Demand
                                  leaseholder64
                                  The ground rent demand must be a separate document, because there is a very specific format for it, without which the demand is void.

                                  Each ground rent year must be demanded separately, as each demand will contain a different date on which the payment was due according to the lease.
                                  21-07-2018, 11:38 AM
                                • Reply to 1st Service Demand
                                  Gordon999
                                  I would issue separate demand for annual ground rent because the payment goes to a bank account under freeholder's name. The demand will show the name of freeholder and the address for serving legal notices.

                                  The service charge payment should go to separate bank account for holding service...
                                  21-07-2018, 10:28 AM
                                • Reply to 1st Service Demand
                                  andydd
                                  Also some of the things you list sound like improvements as opposed to maintenence...
                                  21-07-2018, 09:40 AM
                                • Reply to 1st Service Demand
                                  andydd
                                  Seems OK. .whether you can ask for work started but not completed depends on the wording of the leases (s) and whether or not you have incurred an actual costs..be aware that some older leases don't contain any provision for collecting monies in advance and that you must pay for everything and be reimbursed...
                                  21-07-2018, 09:38 AM
                                • Reply to Leaseholder/freeholder relationships
                                  andydd
                                  Good question. Ultimately the LH relationship is with you and I don't think there is anything you can do to prevent him contacting you.
                                  21-07-2018, 09:34 AM
                                • Reply to Leaseholder/freeholder relationships
                                  leaseholder64
                                  I had trouble parsing the question. I wasn't sure if only referred to the managing agent, or only referred to the type of problem.

                                  In the former case, in this forum, AST tenants are often advised to bypass the letting agent, so I don't see why that should not also be true for the long...
                                  21-07-2018, 09:34 AM
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