New landlord being awkward.

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    New landlord being awkward.

    Hi
    We currently own a flat above a takeaway which we are trying to sell. There is a current 80 year lease on the flat. The previous owner of the shop downstairs sold it on last year. The new owner of the freehold is unwilling to give us a copy of the landlords lease and refusing to give his solicitors details. We still have the previous lease but the selling agent is asking for the new information which we are still trying to get off him. Is he breaking any law by not providing us with it ? Where do we go from here ? Any advice greatly appreciated.
    Thanks.

    #2
    Won't your lease remain the same for the next 80 years? They don't get changed when a new freeholder buys.

    Comment


      #3
      Who is the landlord referred to here?

      You should be able to obtain copies of the various lease contracts from the Land Registry, for low double figures.

      Comment


        #4
        Thanks for the replies. The estate agent is asking for a written contract between the new freeholder and us, the leaseholder of the flat which we are trying to sell. Which includes ground rent etc. this is separate from the lease. Or are do they not know what they are on about ?? Thanks.

        Comment


          #5
          The only written contract that will exist will be between the previous own of the freehold and its current owner. You will not have had to enter a contract with the new freeholder, but they are required to have sent you formal notice that they are the new freeholder.

          These are things that I would expect the solicitor to handle, not the estate agent.

          Comment


            #6
            Ok thanks for you reply. Most helpful. But the freeholder is refusing to communicate with us. Does he require by law to give us formal notice that he is the new freeholder ? Im assuming formal means through a solicitor ? We have asked for his solicitors details but again no answer. As you can see he is being an absolute awkward so and so and making it be as difficult as possible to for us to sell.

            Comment


              #7
              The flat is above an Indian takeaway.

              Comment


                #8
                There is no requirement for a solicitor to issue the notice. The relevant legislation is https://www.legislation.gov.uk/ukpga/1985/70/section/3

                Comment


                  #9
                  If the change took place last year, has the new freeholder not issued any demands for ground rent or service charges since then? He would be required to let you have his details at that stage. Who arranges the buildings insurance? If there is a new policy arranged by the freeholder, you are entitled to ask for a copy.

                  Comment


                    #10
                    Thanks again all. He has asked for insurance and ground rent over the last 3 years but I have asked for the relevant paperwork but he had never produced it so subsequent nothing been paid. I have had a quick look through relevant legislation but cannot see subsection 1 and cannot see if he legally has to inform us himself of change of freeholder. Really appreciate your time and input all.

                    Comment


                      #11
                      I wonder if he is hoping to forfeit your lease for non payment. That would explain him not replying now.

                      Comment


                        #12
                        I don't know I'm not going to pay for insurance without seeing a copy of insurance policy obviously with the amount owing. He's a devious so and so. Bailiffs were round apoarently round last year.

                        Comment


                          #13
                          Originally posted by petworld123 View Post
                          I don't know I'm not going to pay for insurance without seeing a copy of insurance policy obviously with the amount owing. He's a devious so and so. Bailiffs were round apoarently round last year.
                          Chasing you, or chasing him?

                          Comment


                            #14
                            Chasing him 😁

                            Comment


                              #15
                              Originally posted by petworld123 View Post
                              I don't know I'm not going to pay for insurance without seeing a copy of insurance policy obviously with the amount owing.
                              Be careful with this.
                              Although freeholders have a legal obligation to provide copies of insurance policies (if requested), the obligation to pay correctly demanded service charges is separate from this.

                              If the demands for payment of your contribution towards the insurance have been made correctly there will come a point where the freeholder can legitimately pursue forfeiture of your lease for non payment, and your lease likely makes you responsible for any associated legal costs.

                              If this happens, I would expect any court/tribunal to take the failure to provide you with copies of the policies into account, but it may not prevent you from having to pay, or at least contribute to, any legal costs that the freeholder incurs - and these could be thousands of pounds.

                              Leaseholders have the right to view insurance policies and invoices supporting service charges (once certain conditions are met), but can be legally obligated to pay charges without having had sight of these documents.

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