999 lease

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    999 lease

    My hubby and I both pensioners live in a leasehold flat belonging to our daughters.
    It is a large house divided in two the freeholders living upstairs.
    The freehold is 999 years a peppercorn rent.
    How do they get to be freeholders to as they have to pay half of all the repairs etc and the guy upstairs is a tyrant and a bully who makes our life pretty miserable.
    We have a lease but it does not mention insurance for the building is he responsible for that and we pay half?? at the moment we pay for the building

    Is there a code of conduct for freeholders that i can look at?
    Should he have presented us with a building maintenance program etc is that his responsibilty??

    #2
    Your post is a bit garbled, but here goes. Is this analysis correct?

    1. Your daughters (T) own a long lease.
    2. Their landlord (L):
    a. owns entire building's freehold; and
    b. lives upstairs.
    3. The lease must surely state that L or T has to insure. Usually, L insures whole and T pays service charge inc. share of insurance premium.
    4. The lease's service charge provisions normally cover other matters- e.g. repairs, maintenance,etc. of common parts.
    5. Whose is the building's structure (not only its ownership butalso the associated repairs/maintenance? Is it:
    a. part of the demised property (flat), as defined in lease; or
    b. not part of flat but just part of freehold?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      999yr lease

      The freeholders have never presented us with a written agreement re the maintenance of the building the only contibutions we have been asked for and contributed to are the gardener and window cleaner...Quite frankly the place needs the roof overhauling and painting...
      The lease does say about us paying half of the repairs but should not the freeholder have with us a maintenance plan where we both pay into it and both have say for the work needed.
      The freeholders are letting the place go its devaluing the property...
      This is no mention in the lease re the insurance for the property but as you are aware you cannot get insurance for a leashold so we pay for the whole building.
      They wont answer my questions re their insurance so I dont know if both of us are paying or they are only paying for the upstairs flat.

      Comment


        #4
        Re the insurance - Usually you can't insure the whole building anyway, as you have no interest in the whole building. *IF* someone is letting you insure it, I suspect that if something ever happened, it would be very much grounds for them to then disallow the claim.

        Comment

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