Long term responsibilities of freeholder

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

  • Tipper
    replied
    I would be questioning the RTM mob on why they aren't maintaining the property in accordance with the lease...that's assuming the lease has appropriate clauses covering maintenance and repair of course!

    How about calling the RTM to a joint building inspection perhaps even with a property surveyor?

    Leave a comment:


  • leaseholder64
    replied
    First Tier Tribunal, specifically the property division. See the statutory notice that accompanies any payable service charge demand.

    Leave a comment:


  • timolloyd
    replied
    What does FTT stand for?

    Leave a comment:


  • timolloyd
    replied
    Originally posted by AndrewDod View Post
    Are they not obeying the lease and the law (which is all they have to do). The way they raise funds is as the lease specifies. Or are your concerns beyond the lease?

    Did you obey the lease before they became RTM?
    I think my concerns are beyond the lease although yours and @gordon999's points give me something additional to get sorted.

    Essentially there is a sinking fund, but I worry that it will never be enough even with substantial additional contributions from leaseholders, to cover the huge amount of work required over the next 24 months.

    The RTM are, in my opinion, doing a good job in difficult circumstances. But I'm worried that eventually 1 or 2 of the leaseholders will decide that ultimately it is my responsibility and expect me to fund the repairs. Particularly if things like the fire escape start to fall apart.

    Leave a comment:


  • leaseholder64
    replied
    Originally posted by Gordon999 View Post
    1. I suggest you look at the cover under the buildings insurance policy to ensure it includes adequate cover for public liability.
    The insurers also need to know the level of disrepair, as they will evade a public liability claim if it was due to disrepair for which they had not set an appropriately raised premium.

    Leave a comment:


  • sgclacy
    replied
    As noted earlier the RTM does not absolve the freeholder from keeping a watching brief over the property. If the RTM fail to insure then the frreholder would be liable for their failure in the first instance although presumably he could take action against the directors for their failure in office

    If they fail to carry out works that are needed you can make an application for the appointment of a manager. The application is to the FTT . Before doing so you will need to serve on them a notice giving them reasonable time to do the work . The RTM cannot advance that they don’t have funds as the leases would give them the power to raise it from the leaseholders . The FTT have the powers to appoint a manager usually a surveyor who will press on with the works


    Leave a comment:


  • Gordon999
    replied
    1. I suggest you look at the cover under the buildings insurance policy to ensure it includes adequate cover for public liability.

    2. The lease probably needs some addition clause in the service charge to have collection of sinking fund for roof renewal and fire escape. You should consider offering this .

    Leave a comment:


  • AndrewDod
    replied
    Are they not obeying the lease and the law (which is all they have to do). The way they raise funds is as the lease specifies. Or are your concerns beyond the lease?

    Did you obey the lease before they became RTM?

    Leave a comment:


  • Lorimer
    replied
    According to this JB Leitch article, a freeholder is not absolved from blame or responsibility if the Right to Manage Company fails to address repair/maintenance and health and safety issues ....
    If your property is managed by an RTM company and inadequate risk assessments have been carried out where does this leave you as a freeholder?

    Leave a comment:


  • timolloyd
    started a topic Long term responsibilities of freeholder

    Long term responsibilities of freeholder

    I own the freehold to a building containing 6 flats. The building is around 120 years old and in poor condition. The RTM company are doing their best to maintain it, but I'm worried that in the long run, they won't be able to raise sufficient funds to do things such as replace the roof and the fire escape.

    I'm worried that, as there are potential safety issues here, rather than just aesthetics, that I might be liable for the repairs/replacement, or any accidents that occur in the meantime.

    Can anyone advise?

Latest Activity

Collapse

  • Freeholder demanding a premium
    by Disraeli-LLH
    We have a 1 bed ground floor flat with c.970 years left. Our lease stipulates that we have to get written consent to make any alterations or additions to the premises.
    We are looking to do some works to our 1 bed flat. This includes relocating the kitchen which will create a second bedroom. The...
    01-07-2020, 16:19 PM
  • Reply to Freeholder demanding a premium
    by Gordon999
    How many flats in the block ? what is the total annual ground rent ? is it cheaper to buy the freehold title than pay a hefty premium ? .

    The alternative option is set up RTM for your block and the RTM charge the premium and keep it.
    02-07-2020, 07:26 AM
  • Confused - E & M Management
    by Flashback1966
    Totally confused. Solicitor did a lease extension on an 80s purpose built flat in private development. The freeholder is the local council.

    However, for reason, the statutory notices had been served on the local council and E&M management. They were pain to deal with.
    ...
    02-07-2020, 00:42 AM
  • Reply to Confused - E & M Management
    by Gordon999
    You have to contact the local council to ask who is the agent for collecting ground rent.

    Perhaps the solicitor is handling two different lease extensions and solicitor 's office staff got them mixed up.
    02-07-2020, 07:19 AM
  • Reply to Freeholder demanding a premium
    by Lawcruncher
    The freeholder has indicated they are minded to agree to the works

    Depending on the words used (and the precise terms of the covenant), consent may already have been given. See Mount Eden Land Ltd v Prudential Assurance Co Ltd. Please set out the terms of the covenant and (if in writing)...
    02-07-2020, 07:02 AM
  • Reply to Corner Shops with Flats above
    by Flashback1966
    >> The planning departments love a bit of enforcement action and if you say there these are built without consent will send two smartly dressed officers with clipboards and cameras.

    It was done a long time ago.

    I am assuming they lied to the council and back-dated council...
    02-07-2020, 00:34 AM
  • Corner Shops with Flats above
    by Flashback1966
    About 20 years, I bought a flat above a shop. I have drawn a diagram. Mine is first floor flat NO. 72.

    The Freeholder owns both shops at No. 72 and No 70. He rents out the shops. At some point, he split each of the shops, so the rear of the shop has now two residential ground floor flats.
    ...
    06-06-2020, 02:39 AM
  • Background checks - marriage certificate, name change etc...
    by Flashback1966
    There has been a freeholder who has been absent for some 15 or 20 years. He may well be in Spain. A woman was living in his flat. We assumed she was his partner (or has a historical connection / relationship). I don't think he has ever lived in the flat. We have some leasehold dispute, but she is the...
    03-02-2020, 20:52 PM
  • Reply to Background checks - marriage certificate, name change etc...
    by Flashback1966
    >> Request evidence of her authority to deal with any matters concerning the property.

    We got a letter, from the freeholder, to say she is managing his affairs, but I am not convinced about the letter, as it appears to be written in the same style, fonts, ink jet printer etc... It...
    02-07-2020, 00:24 AM
  • Reply to Freeholder demanding a premium
    by sgclacy
    The landlord cannot unreasonably withhold consent, but in this case he may well have grounds to do so.

    It is not ideal to have the only living space in a flat having a kitchen in it as well, I know that planners are not keen on it. Also, the juxtaposition of the rooms as referred to be...
    01-07-2020, 23:59 PM
Working...
X