Nightmare Freeholders

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    Nightmare Freeholders

    My freeholders are preventing me from selling my flat above their shop. They want to get my flat and garden but don't want to pay the market value. They have made false claims against me regarding breaching the lease and not doing maintenance etc. They are also harassing me in nasty ways. I am going to have to take them to court and wonder if anyone has done this on a litigation in person basis. Any help would be appreciated.

    #2
    Visit your local Magistrates Court and discuss your problems with the Court Manager for his suggestion.

    Comment


      #3
      Thank you. I will try doing that. Just had no idea what to do.

      Comment


        #4
        I have looked up the various court systems and maybe a County Court would be more helpful but will try the magistrates court first

        Comment


          #5
          Does your house insurance pays for legal?

          Comment


            #6
            You need legal advice - or at the very least speak to the CAB and see what they advise.

            Comment


              #7
              Can you provide anymore detail eg is it the solicitors questionnaire forms that is proving the sticking point in the sale?

              Do you have invoices/ evidence of the work carried out?

              Comment


                #8
                Thanks everyone. No my insurance does not cover legal fees.

                I have had some legal advice but it has cost me a fortune and not really helped. I am not paying a barrister to represent me. I want to act for myself. I have found I can find information without asking a lawyer.

                The freeholders have never provided me with any paperwork for works they claim they have done and which I should contribute to. They havent done any work. I have evidence of all the work I have had carried out so that will help me in court.

                They apparently just let potential buyers think there are great amounts of monies owing from me which would be passed to any buyer. I have had confirmation from an estate agent buyers are frightened off by the possible implications that all the disagreements with the freeholders is worth their having same problems

                Comment


                  #9
                  Is any of it on a paper? Practically your freeholder is an unknown party to any buyer until the solicitor sends them a form.

                  So if the form is filled in and it says you owe 000's in unpaid service charges, it would be a good idea to email the freeholder and ask to provide an explanation about the works/costs etc

                  ​​​​

                  Comment


                    #10
                    O/P needs to make an FTT application for a determination, surely?

                    Comment


                      #11
                      You could fill out the LPE1 form yourself in the future as my neighbors decided to do recently.

                      Comment


                        #12
                        Thanks. All good advice. However the freeholders are not doing any maintenance to the building and have hindered me from doing much. This puts buyers off as it is looking a bit neglected. The freeholders are deliberately wanting to put buyers off. Added to which my lease is getting low and even if I extend it I still know selling will be extremely hard. I wanted to sell 10 years ago but was not able to as freeholders were being difficult and this has cost me 10 years off my lease. Also I believe the freeholders will manage to get my property in the end so extending lease would be pointless. They own shop beneath me and need more space but not prepared to pay going rate. I was told by the Leasehold Advice Agency that new legislation has been bought in to make extending leases easier and cheaper. Anyone know if this is going through?

                        Comment


                          #13
                          Many thanks for your help. I am thinking of first trying the First Tier Tribunal as JKO mentioned.

                          Comment


                            #14
                            Originally posted by Callan1 View Post
                            You could fill out the LPE1 form yourself in the future as my neighbors decided to do recently.
                            No you can't, you would need two incompetent solicitors to complete without making freeholder enquiries , and a very naïve buyer .

                            Comment


                              #15
                              Originally posted by Section20z View Post

                              No you can't, you would need two incompetent solicitors to complete without making freeholder enquiries , and a very naïve buyer .
                              Yes you can. My neighbors did.

                              They saved themselves £400 which the f/h was going to charge them and the sale was completed within 2 months.

                              There is no obligation for a f/h to respond to lessee property queries.

                              Comment

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