Leaseholders unauthorised conversion/ conservatory

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • AJRJ491
    started a topic Leaseholders unauthorised conversion/ conservatory

    Leaseholders unauthorised conversion/ conservatory

    I'm the freeholder of 2 flats,
    one of the leaseholders is now selling their flat, they have been leaseholders from hell,

    About 15 years ago, they fitted windows and a door to a balcony area ( it had a flat roof over the entrance door,) to form a gallery / conservatory.

    the lease clearly states no alteration without consent,
    the gallery increases th area of the flat by 10%

    they are now selling the flat.

    I assume they need retrospective consent for the alterations

    can I charge a fee for the uplift / increase in value of say £5/6000 or does the statute of limitations apply.

    as there is a leek in the gallery I have told them on numerous occasion is am not responsible for the maintenance as they carried out the alteration s without my consent.

    They have recently sent me a LPE 1 questionnaire and paid my fee,
    can I refuse to answer the questionnaire until this issue has been resolved as I have read on this forum?

  • JK0
    replied
    Why not? Solicitor will charge for one. Regarding invoices, I might take the view that that would be cooperating with sale. That is not an impression you want to give, is it?

    Leave a comment:


  • AJRJ491
    replied
    4 months after replying to the LPE1 I today receive a letter from the current leaseholders solicitors asking for more detailed information and querying the reply given.
    Can I charge a 'letter fee' for the reply.( it always takes an hour to compose a redraft a response)
    also the solicitor is requesting copy invoices from the previous years service charge, am I correct in thinking the leaseholder is entitled to view them and copy them but I have no obligation to send their solicitors copies?

    Leave a comment:


  • JK0
    replied
    Then point out to buyer's solicitor that you will still be denying consent to anyone they try to sell to one day who does need a mortgage.

    Leave a comment:


  • AJRJ491
    replied
    Cash buyer

    Leave a comment:


  • JK0
    replied
    I don't think they will if they want a mortgage.

    Leave a comment:


  • AJRJ491
    replied
    But if the solicitors exchange contracts and ignore my comments?

    Leave a comment:


  • JK0
    replied
    I think I said:

    Originally posted by JK0 View Post
    I think I might tell them to knock it down if they want to sell.

    Leave a comment:


  • AJRJ491
    replied
    the purchasers solicitors have asked the vendors to obtain retrospective consent.
    the vendors solicitors have replied saying they have made no alterations, only fitting widows to the gap between the wall and the ceiling on 2 sides and fitting a double door to the other opening

    any ideas?

    Leave a comment:


  • JK0
    replied
    I think I might tell them to knock it down if they want to sell.

    Leave a comment:


  • AJRJ491
    replied
    as the current Tennant is buying the flat from the leaseholders, she would like the leak fixed before purchase and she has asked her solicitor to ask for retrospective consent as part of the conveyancing process, which I think / hope may help my position?

    Leave a comment:


  • AJRJ491
    replied
    I don't live in the flat
    the works were done about 15 years ago,

    I said at the time you never asked for permission, they ignored me as they have done ever since they bought the flat, although theres always 2 sides to any story, I ve had 3 tenants in my flat and they have had 1 tenant in theres and all of the tenants have said im the best landlord they've ever had

    there has been a leak in the conservatory ever since they converted it.
    I have told them whenever their Tennant ( sub let again without permission ) complained to me about it that I'm not paying to fix a problem when you never had permission to do the work.

    I ve become an 'accidental' landlord in that I bought a flat that came with the freehold, then 20 years later I learned about section 20 notices etc, when the leaseholder refused to speak to me about re rendering the blown plaster on their part of the property.
    wish my solicitor had educated me when I bought it< I ve always tried to be reasonable and accommodating but the leaseholder has treated me with utter contempt like I'm a serf at their beck and call

    Leave a comment:


  • DOK
    replied
    Do you live in one of the flats? How long have you been the Freeholder? When did you find out about the alterations?

    Leave a comment:


  • leaseholder64
    replied
    As you have accepted payment, I think you have a contract to answer the LPE1, so I think your only option is to answer it truthfully, which would also send alarm bells to the buyer.

    Unfortunately, it is 11 years to late to go after them for the breach of planning control. (Did they get building control approval?)

    I don't see why you shouldn't charge for compensation if they ask for retrospective permission. The question would be whether the buyer's solicitor would insist on it.

    Leave a comment:

Latest Activity

Collapse

  • Doubling rent
    SandraHope
    My solicitor has strongly advised me against purchasing a flat as it has just come to light that the recently renewed lease has had its ground rent increased 100% and it is also on a doubling basis. My solicitor has advised us that mortgage companies are becoming more reluctant to offer mortgages on...
    16-10-2019, 19:31 PM
  • Reply to Doubling rent
    SandraHope
    Thank you so much. What you have said makes sense but the solicitor has put the fear of god into us and the mortgage broker also seemed concerned when we informed him. We are so close to exchanging that it is a bitter pill to swallow not to mention all the money we have lost. I think if we went ahead...
    17-10-2019, 05:31 AM
  • Reply to Doubling rent
    michelle230
    Please listen to your solicitor. He is advising you correctly.
    0.1% is a problem which many lenders are now refusing to lend on.
    The massive jump from £30 to £300 g/r means the lease extension was an informal one rather than a formal one. This is not good! (If unsure of the difference...
    17-10-2019, 05:29 AM
  • Reply to Doubling rent
    sgclacy
    This near hysteria that has broken out of late makes the ground rent terms on this flat seem like a problem to some buyers and lenders. There is nothing worrying about the terms of this lease - £300 is not a trival sum but neither is it so large as to cause worry and panic. Let’s get some perspective...
    16-10-2019, 22:07 PM
  • Reply to Doubling rent
    AndrewDod
    Doubling every 33 years is way way below even the lowest estimates of inflation. That sounds like a great deal. Doubling every 15 years or so would be at about general inflation (or even every 5 years given a few years of a Corbyn disaster)....
    16-10-2019, 20:46 PM
  • Management Company Costs
    Harwood
    Hello all

    I wonder if somebody with "real life experience" could give me an indicative cost for a MC to manage 4 Leasehold flats within a converted building?
    It is currently self managed by a limited Company comprising the 4 directors who are also shareholders of the freehold....
    14-10-2019, 07:18 AM
  • Reply to Management Company Costs
    jrsteeve
    My company, based in Manchester, would quote between £900-£1300 per year depending on the size, scope of regular maintenance, inspection and Director meeting frequency. It's difficult to apply a per unit price when there aren't many, we need to make sure we can afford to actually manage the site,...
    16-10-2019, 20:13 PM
  • Visitor Parking Dispute and Unreasonable Behaviour
    uoeno
    Hello. I am the owner of a residential apartment, which I use as my main residence, which is managed by a property management company, to whom I pay a monthly service fee, and a residents management company, of which the PMC is one of the directors. The freehold of the land is owned and managed by a...
    15-10-2019, 15:50 PM
  • Reply to Visitor Parking Dispute and Unreasonable Behaviour
    Macromia
    I don't see how this would help.
    If the directors of the PMC are unwilling to allow the OP to park in a visitors spot while he/she is affected by a temporarily physical problem, is it really likely that they would agree to allow them to use a the parking spot if it was specifically set aside for...
    16-10-2019, 20:03 PM
  • Reply to Doubling rent
    SandraHope
    Yes it is on both counts. it is £300 on a purchase price of £230,000. Doubling every 33 years. I was only increased last year when the lease was extended from £30 to £300
    16-10-2019, 19:44 PM
Working...
X