Breach of lease help

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    #31
    Originally posted by JK0 View Post
    Sounds like you already had consent to me. However, I'm not sure if the FTT would be willing to rule on this.
    Yeah..I'm not sure it falls within the FTT remit..could be worth trying and claim that FH knew about breach or should of known and by demanding payments in past then he has waived any right to forfeit.

    One the threat of forfeit is gone you are sorted.

    https://www.gov.uk/courts-tribunals/...operty-chamber
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

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      #32
      Thank you, I think our freeholder is a huge commercial company.

      I will call FTT and see what they suggest.


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        #33
        I called FTT, unfortunately it's nit their jurisdiction, they suggested the county courts..😩
        Ive also been in touch with the leasehold advice service, who are equally stumped. They've said that the freeholder..(if they're the same as our management company) are a large commercial firm and wouldn't want to lose the money.

        if I were to change the apartment back.. Would I still have a problem selling?

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          #34
          Originally posted by Mellifluous View Post

          if I were to change the apartment back.. Would I still have a problem selling?
          I wouldn't have thought so.

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            #35
            Would it be sufficient to just open the apartments into one again? There was always two front doors and we've just changed the layout inside and added another kitchen and bathrooms. Would they want them exactly as they were? There were no structural works done and this was confirmed by the structural engineers report they requested. They've confirmed they are happy with all the works carried out..

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              #36
              But who is going to buy a flat with two bathrooms & kitchens? Anyone considering it will have to go through the same rigmarole and costs you are facing to split it, but will expect a nice discount on the price.

              BTW, did I understand you to mean in a previous post that there are already two leases now registered at land registry?

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                #37
                Originally posted by JK0 View Post
                BTW, did I understand you to mean in a previous post that there are already two leases now registered at land registry?

                Im not sure of the order in which it works. The freeholder is drawing up the leases. In September there was communication and we'd confirmed which parking spaces belonged to the flat and which ones we'd like with each. The had then confirmed with land registry.
                I don't know if they're 'registered' until they're physical drawn up. I know that land registry are aware of the two properties, as are the council.

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                  #38
                  The reason I ask is, that I wonder if you could just put the flats in an auction as they are without paying the freeholder further ridiculous sums? Maybe someone else here knows. Then the auction buyer can take over the problem.

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                    #39
                    Would someone seriously buy, knowing there's a breach?
                    or would it be expected, that I hugely reduce the price as it's an auction and there are issues?

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                      #40
                      Honestly, I don't know. Why not have a chat with an auction firm?

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                        #41
                        Thank you, I'll call some in the morning.

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                          #42
                          There has been some movement in the last few days...I remembered a conversation I'd had with the surveyors appointed buy the freeholder who'd indicated that their invoice must be paid in full.
                          We paid 80% up front and the rest was to be billed after the report had been written..(which we'd been told we will NEVER see or have a copy of..)
                          id sent the freeholders solicitor a message just asking if the outstanding invoice was causing the delay. I didn't get a reply for two days to decided to speak to the surveyors, I apologied for the outstanding Invoice and said that I would get my solicitor to write an undertaking that it would be paid upon completion of sale. The surveyor indicated that this was the hold up and we should expect the leases in the next 14 days..
                          I can't understand why the freeholder.. Who is a huge commercial company would delay this for a third party company? Or why they hadn't told us directly, or maybe no one wanted to admit blackmail..??
                          or now perhaps it'll be delayed further so there's no association with the surveyors bill?
                          also are we entitled to at least a copy of the report we would have paid nearly £9000 for?

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                            #43
                            Does anyone know about the report?

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                              #44
                              Apologies if I completely miss the point here but as the Freeholder is a large commercial company, not an individual, have you tried to track people down within the organisation to speak to?
                              In my experience, when things get difficult and there is no accountability, employees just allow things to fall through the cracks because they are too hard to deal with.
                              Has there been any kind of hostile communication that makes you believe you couldn't just walk in there and talk to someone?
                              Sorry if I missed that.
                              edit: you say you have no idea how to contact them directly, why?

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                                #45
                                They won't take any calls from us as we're in breach, they won't answer any qs. We can't even get past the reception without them referring us to their solicitors.

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