Is freehold reversioner obliged to provide info to lessee?

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

    Is freehold reversioner obliged to provide info to lessee?

    Can anyone advise ? Without going into a long explanation, is there any obligation on a Freeholder to legally respond to a) the Leaseholder with respect to issues concerning the Lease b) the leaseholders solicitor with respect requests for information, sale, etc ? If so what avenues are open to enforce compliance.

    I have a Freeholder and managing agent that appear to operate only in one direction. Communication and demands to us but, not once have they ever responded to any request from us !!!

    We have always sought to be reasonable and comply with their requests but never have they even responded to ours.

    This is becoming now more than irritation. It is now preventing resolution of a material issue. What if anything can I do to force a reasonable behaviour ?

    Any advice ?

    Thanks

    #2
    The freeholder is obliged to supply answers to questions relating to known or planned issues concerning the lease, information necessary for a lessee's sale, among other things. Depending on the clauses of the lease the freeholder can charge for providing these answers.

    If a freeholder is not forthcoming with replies then the lessee can take legal action.

    Comment


      #3
      Originally posted by Poppy View Post
      The freeholder is obliged to supply answers to questions relating to known or planned issues concerning the lease, information necessary for a lessee's sale, among other things. Depending on the clauses of the lease the freeholder can charge for providing these answers.

      If a freeholder is not forthcoming with replies then the lessee can take legal action.
      Obliged? How? Lease unlikely to impose obligation to reply or provide information (except re sevice charge, where statute so requires irrespective of lease).
      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


        #4
        OK, let's be a bit more specific for the readers, eh jeffrey?

        The freeholder is obliged:
        • to maintain accounts of expenditure
        • to inform lessees of planned work and the cost
        • to put demands for service charge in writing within 18 months of costs being incurred
        • to provide a written summary of service charge accounts within one month of being requested
        • to give access to documents relating to service charges

        Think this all comes under the Landlord and Tenant Act. yewtree this is where you should learn about your rights.

        However if a freeholder fails to provide a service charge summary and/or to allow an inspection of supporting documents they are committing an offence.

        Comment


          #5
          Originally posted by Poppy View Post
          OK, let's be a bit more specific for the readers, eh jeffrey?

          The freeholder is obliged:
          • to maintain accounts of expenditure
          • to inform lessees of planned work and the cost
          • to put demands for service charge in writing within 18 months of costs being incurred
          • to provide a written summary of service charge accounts within one month of being requested
          • to give access to documents relating to service charges
          Think this all comes under the Landlord and Tenant Act. yewtree this is where you should learn about your rights.

          However if a freeholder fails to provide a service charge summary and/or to allow an inspection of supporting documents they are committing an offence.
          Yes- I agree. No duty on f/r simply to reply to any old question, of course, and lessee should really have service charge information already.
          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


            #6
            Obligation on Freeholder or not ?

            Thank you to both of you for responding ! If I may, I am now clear on a number of the specific obligations as defined by Poppy.

            A little more info. Effectively the Freeholder has failed to every respond about anything except ask for money (ground rent, insurance, make requests to benefit them ,etc) Up to now we have had to accept this as not sure what else we could do and we had no other issues as far as we were concerned, just an uncommunicative Freeholder.

            However, we now want to move, we have a buyer but we have hit a road block that requires the FH to respond to. At this stage of the game we just seek an answer Yes, no, whatever so we no where we stand. Our Solicitor and ourselves have tried to make contact but nothing ever comes back. We know the FH is receiving communications but cannot determine whether it is just incompetence or, for some reason concious attitude to be awkward on their part ?

            Hence the question. Now accepting what you say as correct, what avenues do I have to ensure / force if necessary the FH respond to what appears to be a fairly reasonable request from our solicitor? Or is their no obligation to respond to this request from our solicitor to the FH solicitor (i.e it comes in the any old request classification) ?

            Could someone tender some advice on this specific point. I will look at the act that Poppy mentions regarding other issues.

            Thanks !!!!

            Comment


              #7
              Originally posted by yewtree View Post
              Thank you to both of you for responding ! If I may, I am now clear on a number of the specific obligations as defined by Poppy.

              A little more info. Effectively the Freeholder has failed to every respond about anything except ask for money (ground rent, insurance, make requests to benefit them ,etc) Up to now we have had to accept this as not sure what else we could do and we had no other issues as far as we were concerned, just an uncommunicative Freeholder.

              However, we now want to move, we have a buyer but we have hit a road block that requires the FH to respond to. At this stage of the game we just seek an answer Yes, no, whatever so we no where we stand. Our Solicitor and ourselves have tried to make contact but nothing ever comes back. We know the FH is receiving communications but cannot determine whether it is just incompetence or, for some reason concious attitude to be awkward on their part ?

              Hence the question. Now accepting what you say as correct, what avenues do I have to ensure / force if necessary the FH respond to what appears to be a fairly reasonable request from our solicitor? Or is their no obligation to respond to this request from our solicitor to the FH solicitor (i.e it comes in the any old request classification) ?

              Could someone tender some advice on this specific point. I will look at the act that Poppy mentions regarding other issues.

              Thanks !!!!
              If L does not comply with LEASE, threaten civil proceedings at its cost.

              If L does not comply with sections 18-30 of Landlord & Tenant Act 1985 (not "1987"), it cannot collect service charge AND failure to provide info summarising relevant costs - in reply to T's request under s.21- is a CRIMINAL OFFENCE under s.25.
              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


                #8
                Obligation on Freeholder or not ?

                Thank you for your assistance !

                Comment

                Latest Activity

                Collapse

                Working...
                X