Can I force a disruptive neigbour to sell his house?

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    Can I force a disruptive neigbour to sell his house?

    I own 5 flats in a block of 6. All flats are share of freehold.

    The one remaining flat not owned by me is occupied by the owner. Its a last resort but this tennant is completely disruptive (living without gas or electricity, junk and trash piled in the common areas, cars damaged, etc etc).

    If I own 5 out of 6 can i force him to sell his flat with a suitable market based value for his property?

    Match

    #2
    No. You can threaten the owner with forfeiture for breaches of the lease.

    You dont own share of freehold no such thing.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

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      #3
      Your lease gives you the power to correct..

      Common areas are not part of a flats demise, therefore a leasholder cannot store anything there.

      Your lease tells you what the leaseholder must do, and what you can do and sometimes the lease stastes to keep the interior of the flat well maintaind by the leaseholder, and you have the right to inspect the interior of the flat.

      Forefiture is the only way, but is difficult to get if someone is just untidy.

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        #4
        Can I force a disruptive neigbour to sell his house?

        Thanks for your responses.

        I was hoping to avoid long and complex legal challenges by offering them a fair market value using that fact that I own 5/6 of the block as leverage.

        either way it looks complicated and will no doubt make the relationship between exisiting residents and the offender worse.

        Many thanks for your help.

        Match

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          #5
          Please don't view this reply as condescending.

          If I was living there, I would be knocking on your door and telling you to sort it out.

          Why would they sell the flat to you with the associated costs of moving, solicitors costs etc etc, when they know they can live there and you will do nothing about it. They will be happy to continue to live there, knowing you are weak, and are scared to write letters to them demanding they clear up the mess.

          The common parts do not belong to leaseholders and they have no right to put / leave / store ANY items in the common parts, and you can write stating such and state items must be removed in 7 days or you will charge them for removal.

          When you have to move the items, you bill him, and if not paid in 28 days, go to court for none payment of clearing invoice, and you are within your rights to insist rubbish is not stored in areas that do not belong to the leaseholder, is also a health and safety hazzard.

          Check your lease, which should say that for forfieture of breach of the lease, and by issuing an S146 for forfeiture ( letter before action is required ) the leaseholder has to pay your costs for the "preparation and implimentation" of the forfeiture action, and that solicitors costs "start" at £ 2500, which the leasholder will have to pay.

          This may shock him into action.

          But you MUST spend money to stop this, otherwise, it i lived there, I would be suing you, the freeholder, for health and safety violations, lease violations of the freeholder for not obeying the lease or acting on the lease, and for health and safety breaCHES.

          Time for you to write that letter.

          You have to be careful, because if you do nothing, the others are ENTITLED to sue you for above reasons mentioned, which will cost you 2 actions - 1 to defend your none action, and - 2 to make the "tramp" remove his rubbish

          R.a.M.

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            #6
            P.S. If you are the freeholder ( sole director and sole shareholder ) YOU own the common parts and can insist he / she removes the items off YOUR land / property.

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