L/H in breach has put flat up for sale

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    #16
    Its always worth putting in the kitchen sink inc ground rent, as it shows a pattern of behaviour, and if serious enough the court can order an injunction not forfeiture, or you use the determination for the latter.
    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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      #17
      Originally posted by leaseholdanswers View Post
      Its always worth putting in the kitchen sink
      Is this some sort of saying? Never heard this in all my life before

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        #18
        Its from the old packing everything inc the kitchen sink. Something counsel and i used to use as shorthand back in the 90s.
        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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          #19
          Thanks Matt/LHA,

          An update; I sent the third letter c'c'ing to the mortgage lenders, and received several frantic texts and a couple of calls to my mobile from l/h asking me to contact him. I was in France at the time so did not reply as I did not want to rack up the horrendous charges!! He contacted me again after my return, and said he was having trouble as his insurance company were refusing to add another name to the policy, (which seems to suggest that he took it out under his name only but there you go) and would I give him some more time to sort it out. I said, ok just send it to me asap. Got another call a week ago saying he had cancelled the old policy and taken out a new one, and would send me the doc's as soon as he received them.

          Fine. Was away yesterday and came home today to find a letter from a solicitors he has engaged to raise queries from a letter MY solicitor sent him in 2012!!! Still trying to get me to cede the basement to him and arrange a lease "extension" to do this. Apart from the fact he has neglected to inform them of the solicitors letters of the intervening two years, when he was told in no uncertain terms to forget doing any work in the basement without freeholders permission, the letter also says their client is someone else! Might be a brother or something as he has the same last name but they say he is the leaseholder and I know he is NOT!! I will ring the solicitors tomorrow and chat with them.

          I am fed up now. Should I contact my own solicitor, show him the letter and ask him to arrange an injunction to stop the leaseholder from trying to get a court to force me to include the basement in his lease? Can this be done? He still doesn't understand even if he forces this, he still can't do any work to/in it without my permission as freeholder. I despair. The weekend was stressful enough without coming back to this.

          Thanks guys.
          Wobble.

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            #20
            Originally posted by Wobble1 View Post
            Should I contact my own solicitor, show him the letter and ask him to arrange an injunction to stop the leaseholder from trying to get a court to force me to include the basement in his lease? Can this be done?
            Not sure he can ask you to extend the demise of his lease - well he can ask you but if you say no I don't think he can do anything about it. Certainly speak with your solicitor though.

            He still doesn't understand even if he forces this, he still can't do any work to/in it without my permission as freeholder. I despair. The weekend was stressful enough without coming back to this.
            I think it is more likely that he has already done the works and now (upon trying to sell the place) his conveyancer has realised that (a) he has encroached onto the freeholder's property and (b) has done unauthorised works to them to include them in his flat. So I guess this is why he now tries to get this sorted. Do you have any chance to check if this is the case?

            Because if it is so then you are in for some happy days and big payout. I would also pre-empt any silly sales by a letter to the estate agents whose sign you saw in the flat and advise them that there appears to be breaches of the leaseholder's covenants and you will not tolerate them so any buyer should contact you before exchange of contract takes place otherwise they may find themselves in an unhappy situation.

            This will make the estate agents think because they have a duty to disclose relevant facts to potential buyers if they get asked. And this will also show the leaseholder who the boss is

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              #21
              Thanks Matt,

              Just goes to show what having a fresh outlook on something can bring. I never thought of the sale angle. When he contacted me on my return he said about the sale that yes, he had put the flat up for sale but then "changed his mind" mumble mumble......

              What you said rings true, if he has done any work it is internal only as it's not obvious from the outside and I think the sub tenant would have told me but I will check later on today. Could well be as you intimate someone has asked questions about the cellar if he has made alterations or told someone it has full permission for alterations and he wasn't then able to provide them with the proof that the cellar was in his lease (quite apart from the fact there is no permission). I will ring his solicitor and put them right (carefully) on a thing or two, and give my sol a ring and have a word, or make an appt to see him.

              (They say in this letter that it would "appear" from the lease that the cellar falls within their clients demise, not DOES, as it is not mentioned in the lease, and if I don't respond, they will take further instructions from their client upon him getting a declaration from court as to the status of the cellar).

              I will do the application to the FTT for a confirmation of breach/es too. No point any more in hanging around with it for a second longer or giving him any more time after this latest back stabbing exercise.

              Many thanks again,

              "Stressed" Wobble

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                #22
                Hi all,

                My solicitor reiterated to me that it is quite clear that the cellar is not his, and I didn't have to give permission to major structural works and I should send my leaseholders new solicitor copies of last years communications just to bring him up to speed. L/H has provided me with a copy of his insurance schedule (finally) after a month and a half so I don't need to send off the paperwork to the FTT. I'd just filled it all in, too. It's actually a proper landlords insurance this time too. That third letter I sent requesting it and c.c'ing his mortgagees must have set him off like a rocket.

                Anyway, haven't heard back from the other solicitor yet as to what his client wants to do regarding trying to force me to cede him the basement, but just wondered, anyone got any experience of a leaseholder going to court to try and get them to say a cellar/part of a property not previously mentioned in title/lease is suddenly theirs? I have read something about S610 HA 1985? Would that be it? I am determined not to give consent either to giving him the cellar or permission to create another flat down there. Apart from anything else, he would be taking a chimney breast and side wall out and my flat and the whole house would end up as rubble. I can't afford to take the risk as he wouldn't be insured against that, and he only employs cheap labour who don't have insurance.

                Anyone have any experience of this court thing?

                Thanks all,

                Wobble.

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