Breach of lease 30 years ago.

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    Breach of lease 30 years ago.

    We are selling a leasehold flat we have held for 19 years. Our Freeholder has just realised that a window was altered and is blaming us and wants £1000. The window is at least 30 years old and was probably done at the time the building was renovated, under a different Freeholder. What are our rights and is there a time limitation on these sorts of claims.

    #2
    Yes, there is a time limit. However, I suspect your freeholder long ago waived any breach by continuing to accept ground rent.

    He is relying on it being more trouble for you to get a determination to this effect (and possibly lose your buyer) than pay him £1000.

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      #3
      Thanks for that, what’s the time limit?

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        #4
        I have an idea it's 12 years, but wait for other replies to be certain.

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          #5
          Originally posted by Judy Beadle View Post
          We are selling a leasehold flat we have held for 19 years. Our Freeholder has just realised that a window was altered and is blaming us and wants £1000. The window is at least 30 years old and was probably done at the time the building was renovated, under a different Freeholder. What are our rights and is there a time limitation on these sorts of claims.
          Are you in the process of selling and what exactly drew the Freeholder to this alteration?

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            #6
            FTA: If you can prove the window was like that when you moved in, freeholder really has no leg to stand on, as he gave previous lessee consent to assign to you.

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              #7
              Has the same freeholder owned the property from 30 years ago or before you purchased 19 years ago ?

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                #8
                There has been at least two Freeholders in our time. His attention was brought to it when he checked the estate agents photo against the original drawing he had in his records. We then checked our copy too and found it incorrect.

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                  #9
                  Statute of Limitations in general law applies a 6 or 12 year limit..although in cases of waiver I dont think is an actual time period...if its an outside window then it could easily be claimed the FH knew or should of known coz he would have duty to inspect HIS property. In the meantime he has acted as if the lease existing but accepting service charge etc so I cant see he has a leg to stand on.
                  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.

                  Comment


                    #10
                    Plus..during the transfer to you process he should of raised concerns about any possible breaches by a previous owner, normally checks are made by solicitor/conveyancer, if the FH was happy at the time..its far too late now...go till him to fornicate off
                    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.

                    Comment


                      #11
                      Problem resolved with a compromise and half the money requested. The sale should go ahead as planned. Thanks for all the input.

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                        #12
                        Id say hes not entitled to anything but as a sale depends on it..its prob worth £500 to resolve it and avoid the hassle.
                        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.

                        Comment

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