Freeholders breach of the lease

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    #46
    Originally posted by scot22 View Post
    Any update ? I hope LEASE were useful. If not apologies and I won't assume it would be a good use of time.
    Sorry for lack of response but I have had health issues and so that has taken up a lot of my time getting that sorted out. I came out of hospital on Wednesday but no, the problem is not resolved. However we have handed the running of the house over to an Agent, but so far have not heard a thing. I will get going tomorrow and ring the Agent to ask what is happening. Leasehold is wonderful there is no doubt about that.

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      #47
      Originally posted by surreygirl View Post
      I will let you know the outcome of my phone call to the Leasehold Advisory service. I have an appointment next week for Tuesday.
      The result of my phone call to the Lease was that they do indeed owe me the money for the necessary work to make my flat water proof as they were not getting on with the work.

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        #48
        Sorry to hear about your health issues and hope all is going as well as possible. I am sure all on the forum wish you well.

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          #49
          Another problem which has now arisen is that the ex Secretary that we had to get rid of is harassing my tenant, by just walking into the flat if the door is open and also accosting her when she is outside and also going around to the front window and banging on it to get her attention. He is having major work done on his flat which is next door to my own. I wonder whether I should start another thread for this. I have mentioned it above, that we have been in depute for a long time

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            #50
            Originally posted by scot22 View Post
            Sorry to hear about your health issues and hope all is going as well as possible. I am sure all on the forum wish you well.
            Thank you very much Scot for your good wishes.

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              #51
              Originally posted by surreygirl View Post
              Another problem which has now arisen is that the ex Secretary that we had to get rid of is harassing my tenant, by just walking into the flat if the door is open and also accosting her when she is outside and also going around to the front window and banging on it to get her attention. He is having major work done on his flat which is next door to my own. I wonder whether I should start another thread for this. I have mentioned it above, that we have been in depute for a long time
              I would say that you definitely need to take some sort of action regarding this, although what action you take perhaps needs to be suggested by someone who has at least some sort of qualification to give the advice.

              Perhaps a letter to the 'ex secretary' would be a start, pointing out that their behaviour is inappropriate and that legal action may be taken if it continues (e.g. entering someone else flat, even if the door is open, is clearly inappropriate and would be trespass, unless I am very mistaken).

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                #52
                I agree with Macromania. To me it seems to be almost criminal. However, as said, you need someone with some with some qualification to advise. Perhaps a solicitor offering free initial advice ?
                I think you are right to consider a new thread. This has, quite rightly, become a long thread and that would separate issues.

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                  #53
                  Originally posted by Macromia View Post

                  I would say that you definitely need to take some sort of action regarding this, although what action you take perhaps needs to be suggested by someone who has at least some sort of qualification to give the advice.

                  Perhaps a letter to the 'ex secretary' would be a start, pointing out that their behaviour is inappropriate and that legal action may be taken if it continues (e.g. entering someone else flat, even if the door is open, is clearly inappropriate and would be trespass, unless I am very mistaken).
                  Yes I will call the citizens advice tomorrow in the UK and ask them what they think. A letter is out as he will see it is from me and send it back, so an email and get someone to post a letter from me from the UK. I will threaten legal action. However I will start a new thread as we are going off track. Thank you very much for all your advice.

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                    #54
                    Originally posted by scot22 View Post
                    I agree with Macromania. To me it seems to be almost criminal. However, as said, you need someone with some with some qualification to advise. Perhaps a solicitor offering free initial advice ?
                    I think you are right to consider a new thread. This has, quite rightly, become a long thread and that would separate issues.
                    I will start a new thread and thank you for your advice. Thankfully my tenant has a head on her shoulders and is not easily intimidated.

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                      #55
                      Hello all,

                      I am in a similar position as Surreygirl. I own the lease to the top floor flat of a converted building of 4 flats. We all own a share of the freehold. The roof is now leaking and water gets into my flat, causing mould. I informed the other freeholders by email including pictures of the damage. However, the lady from the ground floor has denied she will contribute to the costs (there is no reserve fund). She also pointed to the fact that I would not be entitled to recover any money from them if I went ahead and had the roof repaired without their consent. My lease does not say anything about urgent repairs but it clearly says the roof has to be maintained by all 4. It is obvious that I have to act quickly to avert more damage from my flat but as this is likely to end up in court, I dont want to make any mistakes. What would be my position if I went ahead with the repairs?

                      Thank you all very much. I really appreciate your help.

                      Kind regards,
                      Martin

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                        #56
                        Scaramanga You really should start your own thread.

                        What does the lease say about who is responsible for repairing the roof? If it is the freeholder, you can, in theory, take legal action to force them to make the repairs, even though you are part of them,.

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                          #57
                          Hi leaseholder64

                          i have started a new thread here

                          https://forums.landlordzone.co.uk/fo...y-for-the-roof

                          thanks and Kind regards

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                            #58
                            Sorry for length of time before answering. So to cut a long story short. So far no work has been carried out. The new Agents took over and needed, so they said, six months of going through the accounts to see what service charge needed to be doing and despite letters to them they said that they could not get going on the repairs as it takes three months to send out the S20 which would bring us to October and that the work could only be done in the summer. He has called a meeting February to talk about the works, but meanwhile I have water coming in now in the kitchen area and my own Agent has been over and water is penetrating the wall through the porous render.

                            I have sent them a letter/email to ask them to either do a temporary fix or my Agent will and that they will need to pay for the work whichever way it is and I also pointed out the Health and Safety laws as well as the lease and that they are responsible for the work being carried out and keep the building repaired.

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                              #59
                              You have a right to sue the FH for beach of the lease, I did this successfully against mine BUT the problem came when it came to damages, I sued as my FH was in breach as he hadnt repaired the driveway or cleared vegetation and the court sided with me but only awarded £100 damages as it was hard for me to prove a loss this would appear to be easier for you and also worth noting that whilst the lease may oblige the FH to do certain repairs it would normally be deemed acceptable for a LH to step in and do them if the FH doesnt and to recover the costs from him.
                              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


                                #60
                                That is interesting Andy. I have just received a reply from the Agents who are blaming me for the work not being carried out because I did not agree to a sinking fund or reserve fund which is true, however I did pay £15.00 a month which was requested and also I have the money to pay for the building work which is about £20k per flat - 6 flats in all -. But not having the money in a service charge account does not mean that the money cannot be demanded from the others they all have it and are well off. Just one person didnt and she asked for time to save up the money. Fair enough but she had plenty of money to take down walls and put in new loo and bathroom as well as double glazing.

                                Every tenant can now pay and could before, but even so I do not see how it is my fault. I have pushed and pushed to try to get the lease changed because it is defective.

                                However I do understand that he is trying to manipulate me.

                                Thanks for your reply. I have a workman going over this week to see what he can do as the Agent has declined.

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