Breach of lease - leaseholder with share of freehold

Collapse
X
Collapse
 
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous template Next
    #1

    Breach of lease - leaseholder with share of freehold

    Hello, I own a flat in a large Victorian house. 5 flats in building. Owner of garden flat has built a large outbuilding in back garden - it's effectively a studio unit. This is in clear breach of the lease, which forbids the erection of buildings, etc.

    A company owns the freehold title. I am a shareholder and director of that company.

    Please can you advise who can bring an action to seek disassembly of the building or claim damages? Do I (as a leaseholder) have standing to enforce the lease? Or do I need to force the company who owns the freehold to enforce the lease? Do I have the right to demand that the company acts to enforce the lease or do I need to obtain the permission of the other leaseholders (i.e., the other members/directors of the company).

    I look forward to hearing your thoughts and advice on this matter.
    Tags: None
    #2
    First of all, the outbuilding requires planning consent as it is within the curtilage of flats, did the owner of the garden flat seek planning consent fo this? That would be one of my first points of call on this matter.

    Comment

      #3
      It would be the freeholder company which has the right to take legal action about a breach of a lease condition, although it would be the local planning authority that would need to take action for a breach of planning control, if a formal planning application was not made and approved.

      Comment

        #4
        As always, check the wording of your lease but it usually states that you can ask the freeholder to enforce the covenants of the tease although you may be required to indenify the freeholder and provide a security against the costs involved.

        I agree with the above comments, you should contact the local council regarding planning consent.

        Comment

          #5
          Originally posted by jazzythumper View Post
          First of all, the outbuilding requires planning consent as it is within the curtilage of flats, did the owner of the garden flat seek planning consent fo this? That would be one of my first points of call on this matter.
          Good point. This is how the issue has arisen. The Council alerted me to it. No planning permission was obtained. And it's in a Conservation Area! Blatant disregard for the lease and planning requirements!! They're applying for retrospective planning permission, which I'm challenging. Separately, I want to challenge based on the breach of lease.

          Comment

            #6
            Originally posted by eagle2 View Post
            As always, check the wording of your lease but it usually states that you can ask the freeholder to enforce the covenants of the tease although you may be required to indenify the freeholder and provide a security against the costs involved.

            I agree with the above comments, you should contact the local council regarding planning consent.
            Thank you.

            Comment

            Previous template Next

            Latest Activity

            Collapse
            • Share of feehold/shared service charges?
              by Stu1020
              Hi there,

              I'm new to the forum and looking for advice on a sticky freehold situation.

              I own a two-bed flat in a converted building with two one-beds. The lease states that a fair proportion is payable towards the service charge. However, there has been a running agreement of...
              20-05-2022, 11:39 AM
            • Reply to Share of feehold/shared service charges?
              by Gordon999
              Since your flat has 2 bedrooms and other flats have one bedroom, you should keep the existing 38:31:31 split as fair contribution to the annual service charge account.

              For lease extension, the cost is mainly solicitors charges plus registration charge at Land Registry and Mortgage Lender.(...
              28-05-2022, 10:48 AM
            • Reply to Building works & S20 process
              by Gordon999
              The S20 consultation with leaseholders is required for any planned works which exceed £250 cost per flat.

              If any planned works are quoted below £1000, you could place the order on the supplier with lowest quote. .

              If the freeholder is self- managing the building maintenance,...
              28-05-2022, 09:56 AM
            • Building works & S20 process
              by RichA
              Hi. I have a freehold after selling a leasehold flat in a block of 4 flats. We don't currently have a managing agent, so these duties currently fall to me (I am holding off appointing a managing agent whilst the leaseholders consider whether they want to RTM).

              The block needs some maintenance...
              21-05-2022, 17:20 PM
            • Reply to Share of feehold/shared service charges?
              by sgclacy
              You appear to have bought into the flat knowing at the time your share is 38% and having owned the flat feel that this is unjust.

              Did you raise any concerns questions at the time of purchase that in a three flat split you would be paying more than 33.33% . Could it be argued that the unfairness...
              28-05-2022, 09:04 AM
            • Reply to Share of feehold/shared service charges?
              by eagle2
              The cost of extending a lease is not a service charge expense so there is no reason to allocate it on the 38/31/31 basis, your offer to split those costs equally seems to be reasonable. It is up to the freeholder to decide what is fair and reasonable for the service charges and it is up to the other...
              28-05-2022, 05:29 AM
            • Reply to Old managing agents accounts
              by eagle2
              Unless the handover took place at the end of the financial year, it is the RTM's responsibility to produce the annual accounts. You could try making a formal complaint against the agent to supply copies of all supporting documents, it should belong to a redress scheme. The difficulty is that the agent...
              28-05-2022, 05:05 AM
            • Old managing agents accounts
              by jazzythumper
              Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
              20-05-2022, 11:21 AM
            • Freehold confusion
              by davetg
              30 years ago I bought a flat from a friend. The freehold at the time was registered to my friend and the lady who owned the other flat. I understood at the time that I would replace the friend on the freehold but this never happened. This was not a problem until now as when work on the structure of...
              24-05-2022, 14:29 PM
            • Reply to Freehold confusion
              by CStevens
              davetg,

              The property should be registered so the land registry should hold a copy of the leases. You would need to look at the leases to see who is responsible for what but normally in a maisonette situation the freeholder would insure and maintain the structure, foundation and roof with...
              27-05-2022, 21:58 PM
            View All
            - Advertisement -
            Working...
            X