FH inheritance refused

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

    FH inheritance refused

    Came across an interesting one today.

    At a block (18 flats near London) where LH seems to be split in factions, MA is hopeless and the FH has just expired.

    The LH I know has been told she can apply to court, not FTT, to get a vesting order and then extend lease easily.

    It sounds bogus to me, perhaps if the FH cannot be traced or there is no one to inherit, but in this case the dead FH has a living brother so surely he is the FH now.

    Then she said, its OK he says he wants nothing to do with it.

    Can someone just say no, nothing to do with me, is that enough for the courts to treat it as if the FH is untraceable?

    I said she should just ask the unwilling FH to offer it to the LHs for costs.



    #2
    I think your idea in the last paragraph will work out cheapest for your friend.

    Comment


      #3
      But I am right, turning up at court and saying no one is interested in the freehold is not going to get a vesting order is it?

      Offering the reluctant FH money for the FH should trigger the RFR process, and in this block the LH do not get along, so agreeing who can/will but will be a struggle.

      Comment


        #4
        I suggest you place small advert in local paper for consecutive 3 weeks asking for "contact with the freeholder in connection with your application for extension of lease". This will provide proof to the Court that you are unable to locate the freeholder.

        Comment

        Latest Activity

        Collapse

        • Management fees
          desamax
          Hi our lease states the FH can take 15% of total expenditure for management fees.
          They have set up a separate company and have charged ££3.5k on £16k expenditure.
          Is this allowed within the clause in our lease below.
          Thanks

          "To pay the cost of any managing agents...
          07-09-2018, 10:21 AM
        • Reply to Management fees
          leaseholder64
          He wasn't making the request as a leaseholder, but as an RTA. I don't know why he didn't make a request as an individual leaseholder, but as an RTA, the RTA has to be be recognized by the freeholder, and the freeholder can withdraw that recognition at any time, except if an FTT has ruled that the TA...
          19-10-2018, 10:32 AM
        • ownership of loft space
          katya000
          Hello,I own a long leasehold purpose built edwardian maisonette on the first floor of a 2 storey building.There is a similar flat below me.The attic is directly above my flat and only accesible from my flat.
          my lease includes the roof and i have to maintain the roof and can recover 50% of any...
          19-10-2018, 10:17 AM
        • Reply to Management fees
          eagle2
          Their response is absurd, as a leaseholder you are entitled to receive the information requested. A separate legal entity appears to manage the property and a reasonable management fee for the service provided may be recovered under the service charge provisions. The freeholder is not entitled to charge...
          19-10-2018, 10:08 AM
        • Reply to Management fees
          desamax
          Thanks Gordon999 we are aware the FH MA are one and the same, I made that point in my first post. What we cant understand is that they think they can do as they please, and to comment we are not fit to be involved in the RTA without is ludicrous....
          19-10-2018, 09:26 AM
        • Reply to Management fees
          desamax
          This is edited post #20 i was asked to remove names............


          Furthermore would you be kind enough to provide us with the following information,

          1. Copy of the Management agreement between Estates Limited & (Asset Management) Limited.

          2. Please supply...
          19-10-2018, 07:07 AM
        • 3 flats: 2 Joint Freeholders, 1 Long-Leaseholder, Request to inspect the Accounts
          Novice Freeholder
          I am a joint freeholder of 3 flats (converted house).
          The Leaseholder has written to the other joint Freeholder requesting to see the accounts.
          The Leaseholder knows that I hold the accounts, but has not sent me the Section 22 Notice.
          She has my current address.
          I understand...
          18-10-2018, 12:04 PM
        • Reply to 3 flats: 2 Joint Freeholders, 1 Long-Leaseholder, Request to inspect the Accounts
          eagle2
          Above all else, you should comply with the terms of the lease.

          You should prepare service charge accounts for each accounting period and these should be distributed to all leaseholders. See 7.10 of the RICS code of practice.

          A summary of relevant costs under s21 LTA 1985 requires...
          19-10-2018, 06:46 AM
        • Management company got rid of my stuff
          WEw152
          My Mum has a long leasehold property. She offered to store our winter wheels for the car in the cellar where people were storing bikes and garden furniture. We did not see any signage to indicate that we weren't allowed to store things down there, and the pile of other people's stuff meant that we...
          18-10-2018, 18:58 PM
        • Reply to Management company got rid of my stuff
          eagle2
          I am surprised that you agreed to store valuables in an insecure area and apparently without permission. On the other hand, the management company had a duty to enquire who owned the alloy wheels, request that they be removed and give proper warning before they were disposed. You should enquire how...
          19-10-2018, 06:45 AM
        Working...
        X