Repairs notice query

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  • HP mum
    started a topic Repairs notice query

    Repairs notice query

    A weird scenario:
    asking for a friend.
    a family, with trustees in charge, owns a freehold property. One of the family members owned the lease but got into financial difficulties and the lease part got repossessed. After very long time remaining unsold the property, not managed by lenders or agents, became (externally) badly run down - imagine internal is bad too. So now the rest of the family want to protect their FH asset and serve repairs notice, potentially to follow up with forfeiture if repairs not carried out asap. The Lease is fully repairing, very strict on keeping property in top condition and if breaches are not remedied there is a clause allowing freeholders to serve for forfeiture. The question is - how would 1st notice (for repairs) be served? On the contractual leaseholder (the family member) or on the lawyers for lender in possession? Are there any potential legal problems the family may have?

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  • Reply to Legal Action Against Landlord - Local Council
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    04-12-2021, 21:19 PM
  • Legal Action Against Landlord - Local Council
    by Isaac1400
    Hi,

    Hoping someone can advise. I am leaseholder and the landlord is a local council. my property is a flat and there are about 55 flats spread out over 3 floors.

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    02-12-2021, 07:13 AM
  • Reply to Dilapidated Flat
    by scot22
    Thanks all. It was a great price, significantly below market value, plus in further negotiations a reduction to pay for any further work. This was identified by a surveyor. She is not clueless.....
    Artful in my research I read that can only claim for her ownership period.
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    04-12-2021, 19:33 PM
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    by scot22
    In a block of 24, unfortunately one flat has become dilapidated. The new owner has bought cheaply. She is now demanding the Freeholder pays to refurbish it claiming they have been negligent. Is there a reasonable case ?
    04-12-2021, 11:21 AM
  • Reply to Legal Action Against Landlord - Local Council
    by Isaac1400
    Thank you for bringing this to my attention. I have heard of this. In summary do you know if this would benefit those with older leases and not on the builds which have has issues with rising ground rent etc?...
    04-12-2021, 19:09 PM
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  • Reply to Dilapidated Flat
    by Macromia
    If a leaseholder can show that internal maintenance is required because of a freeholder's negligence (e.g. a failure to meet external maintenance obligations according to the terms of the lease), they will potentially have a claim against the freeholder and be entitled to expect the freeholder (the...
    04-12-2021, 16:59 PM
  • Reply to Dilapidated Flat
    by theartfullodger
    The previous owner might have had a case. The new owner I think only for claims for problems during their ownership. But ianal.

    Presumably she got a great price as it was so dilapidated
    04-12-2021, 16:51 PM
  • Reply to Dilapidated Flat
    by Neelix
    What utter nonsense.

    The new buyer should have had a survey before they purchased.
    04-12-2021, 16:15 PM
  • Reply to Dilapidated Flat
    by scot22
    Many thanks for the prompt and helpful replies. Mainly, I suspect, due to lack of ventilation and heating there is some damp. She says the Freeholder should have stopped this happening by work to outside wall !? Efforts, including engaging surveyors whose advice has been followed, have been made...
    04-12-2021, 15:51 PM
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