Share of freehold questions - confused

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

    #16
    Thank you, Macromia. I honed in on this: 'The freehold company cannot agree to breaches of the lease terms because the majority vote for this.' The problem that arises in my first experience of a freehold company is that the lease is breached willy nilly. And very few members, if any, have even read the lease. So when does the company/freeholder surface in defence of the lease? And if it/he/she does not, then what? I suppose one can, as a member, sue the individual lease breacher. I have investigated this. I went to a highly reputable local solicitors' firm. I found out there that my first interview at this firm will cost £400. But the firm would not litigate. It would refer me to a specialist solicitor in another firm, who will charge £1,000 for the first interview. I backed off rapidly. And Companies House will not, on its own say so, intervene in company affairs. I suppose where there is a real-person freeholder, this problem does not arise. It sure does in my freehold owning company: E.g. My neighbour, a director of my company, had a door fitted into the chinmey stack ot the wall that divides his loft from mine, and came and went into the loft above my flat as he pleased. According to the Lease, the company retains ownership of the lofts. Only our flats are demised to us. But the lease gives exclusive right of entry into a loft to the person in the flat below it. (Hang it! A freehold house would be much better!)

    Comment


      #17
      Macromia,

      So how does a leaseholder get the freeholder the landlord to enforce the continuing breaches when they are the directors breaching the lease themselves?

      Comment


        #18
        Originally posted by scot22 View Post
        Sounds like nirvana. We have owned a flat identical situation to yours. As has been said, it depends on owners as, of course, the other depends on freeholder. Over 20 years it has varied hoever, on balance, I prefer share of freehold. I'm sure your new neighbours will welcome someone like you. Best Wishes.
        I would also recommend you the same. Having a share of freehold would be a good option with numerous benefits: no annual ground rent, no premium cost for statutory 90 years lease extension.

        Comment


          #19
          Originally posted by Starlane View Post
          Macromia,

          So how does a leaseholder get the freeholder the landlord to enforce the continuing breaches when they are the directors breaching the lease themselves?
          Realistically, they don't.
          That's the type of situation that my comments in this old thread were highlighting.

          If the directors are breaching the lease, and can't be made to understand that they can't do this, the only real option is to get control of the management of the property taken away from them.

          Comment


            #20
            Originally posted by Macromia View Post

            Realistically, they don't.
            That's the type of situation that my comments in this old thread were highlighting.

            If the directors are breaching the lease, and can't be made to understand that they can't do this, the only real option is to get control of the management of the property taken away from them.
            Yes Macromia but how best do you do that if you are a non director and they wont listen, would it be appoint a manager route ?

            Comment


              #21
              Originally posted by Starlane View Post

              Yes Macromia but how best do you do that if you are a non director and they wont listen, would it be appoint a manager route ?
              I seem to remember you previously having your own threads about this subject. If you did find a solution there, I suspect that it's highly unlikely that you will find one by adding to someone else's thread.
              The best solution will depend on the specific circumstances - but is never likely to end well if you can't come to some sort of amicable arrangement.

              Comment


                #22
                Forgive me if I missed in the above but how long is the flat's lease?
                That's very important...

                Comment


                  #23
                  Originally posted by Macromia View Post

                  I seem to remember you previously having your own threads about this subject. If you did find a solution there, I suspect that it's highly unlikely that you will find one by adding to someone else's thread.
                  The best solution will depend on the specific circumstances - but is never likely to end well if you can't come to some sort of amicable arrangement.
                  Agree thank you

                  Comment

                  Latest Activity

                  Collapse

                  • Reply to Isn't there any obligation to be insured?
                    by vmart
                    The only insurances that are legally required in the UK are Employers' Liability; and motor insurance.

                    I suggest you write to the landlord again following up on your previous letter and notifying them of the leak. Depending upon the cause of the leak it may be covered by buildings' insurance....
                    16-01-2022, 22:03 PM
                  • Isn't there any obligation to be insured?
                    by Sarah17
                    Hi All,
                    I recently bought a flat and learned since that the flat above is a regulated tenancy. The current tenant has moved in 1972. The flat is in a very shabby state, and I am worried about it (safety concerns, fire risk...etc). I wrote to the landlord and didn't receive any answer yet. A few...
                    16-01-2022, 17:57 PM
                  • Reply to Demised Roof Terrace - landlord permission
                    by Gordon999
                    You should consider buying the freehold and become the landlord.

                    If the sun awning is portable and free standing, you are not making any alteration or addition to the building. . .
                    16-01-2022, 21:19 PM
                  • Demised Roof Terrace - landlord permission
                    by pmorton
                    We have a roof terrace, demised to us in the lease, on which I wish to place a freestanding rectangular sun awning. There is no structural problem, it is self supporting and weighted appropriately against wind and we have planning permission. The landlord says it is forbidden under a clause in the lease...
                    13-01-2022, 19:18 PM
                  • Reply to New Government proposals re leasehold reform
                    by sgclacy
                    If a draft lease is presented to the proposed grantee and there is an initial rent of say £350 per annum then I fail to see why, notwithstanding that it is greater than 0.1% that this should be interfered with, Neither should clauses that seek to keep its purchasing power the same during the term be...
                    16-01-2022, 20:56 PM
                  • New Government proposals re leasehold reform
                    by perigee
                    I see that there are proposals to simplify the extension/enfranchisement procedures and reduce the costs for lessees, including abolishing marriage values. I appreciate that these are early days but is there any guidance from professionals acting for landlords - as distinct from lessees - on these...
                    12-01-2022, 17:53 PM
                  • Reply to Isn't there any obligation to be insured?
                    by scot22
                    We had a leak and owner not insured. Fortunately did the honourable think and paid costs.
                    Insurance for flats can be difficult. Ours excludes water damage except by storm etc.
                    If you can prove negligence I would make a claim on small claims. Obviously ask them to pay before legal route....
                    16-01-2022, 19:56 PM
                  • Reply to New Government proposals re leasehold reform
                    by Sussex818
                    The proposition is that all new lease extensions will be 990 years after reform and there will also be a standardized calculator to work out the cost of a lease extension which will make it much simpler and hopefully swerve the huge legal bills which leaseholders have to pay for a statuatory lease ...
                    16-01-2022, 19:00 PM
                  • Reply to Service charge arrears
                    by lampshade
                    I have never seen anything that would suggest anything other than a total lack of funding, due to extra willy nilly inspections and the like that this new MA keeps carrying out, but no work actually being done.
                    16-01-2022, 16:03 PM
                  • Reply to Section 20 costs
                    by lampshade
                    Thnks. One of the biggest issues in my mind is that we are not party to the management contract between the FH and this new company. The Freeholder too the Managing away from the company that had done it since the flats were new and gave it, to themselves (120 miles away) they were pretty useless, eg....works...
                    16-01-2022, 16:00 PM
                  Working...
                  X