Freeholder from hell

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    Freeholder from hell

    I would seriously be grateful if anyone out there could help me with the freeholder from hell. I live above a shop and the freeholder owns the shop below and the freehold to my property. I have had my flat since 1988. The hairdressing shop has new owners from 2 years ago. I did not have any issues at all with the previous freeholder but the issues are now getting too complicated fro me to understand.

    PREVIOUS FREEHOLDER- They paid for their building insurance and i paid for mine separately.Every year i got the gutters swept on a flat roof and they split the cost with me 50% 50% .

    CURRENT FREEHOLDER- They approached me in NOV last year and told me that they were buying the building insurance for the entire property and i had to pay them half. They said i could continue to get the gutters swept and they would do a 50% 50% split.

    In the exact same month my flat was vandalised from the outside and all my windows were broken/smashed. My own building policy expired a few days prior and i did not renew it because of freeholder insisting he purchased it and i split the cost.
    I contacted the insurers HE choose and they said that vandalism or malicious damage was not covered. I paid in access of 2000 to replace all the windows and front door. I refused to pay 50% of freeholders building insurance.He later told me that because there construction works going on at the time he took the policy out and the shop had not yet opened for business that it was a basic cover.

    Without by knowledge he managed to get a CCJ against me for not paying the insurance premium last year Nov 2015.This year he is telling me that it is the law that i split the insurance even though i have purchased my own separate building insurance.He is threatening to take me to court unless i pay .

    He is also telling me that he needs access because he believes that i have altered the interior [ which i have not] and didn't get his permission.

    He has refused too pay 50% for this year and last years gutter cleaning .He tells me its his responsibility as the freeholder to clean gutters and i must pay him.

    The freeholder is a retired property lawyer. He also advises me that i am nit allowed to have a table and chairs like all my neighbours do and to remove a canopy
    that has been over my doorway for 18 years.

    The freeholder has been so aggressive and unreasonable that i told him he needed to contact the legal owner of the property which is my ex husband. When the property was purchased in 1998 it was registered in my sole name .The mortgage payments i have continued to pay . However, i divorced 10 years ago and the property was awarded to my husband 8 years ago. However, the freeholder states that as the registered owner i am still legally bound and responsible to pay him the 50% building insurance.he has notified the mortgage providers that i have failed to pay 50% of building insurance. he tells me he is going to get proceedings to have the property forfeited.

    Does anyone know if its true that the registered owner is legally responsible? Do i have any rights to continue paying the building insurance separately?

    This situation has caused me so much grief and i would love to get some answers!.

    #2
    You lease should set out who is responsible for insuring the building, be it the freeholder, or split and freeholder pays building insurance for lower half only and you pay for upper half, but this condition is rare.

    Your lease will also state who is responsible for maintenance, and by inference, if you or the freeholder cleans the gutters.

    The freeholder has the right to inspect your flat, to ensure nothing has changed,

    The canopy. Tell new freeholder that the previous freeholder allowed the canopy. ( unfortunately, if you put it there, and have no written proof of authorisation to put it there, you may have to remove it.

    Tables and chairs.
    If the flat roof is demised to you ( see the floor plans for your flat, and see if red lines extend to include the flat roof ) but is only a felt roof, damage may be cause to the felt by tables an chirs ( point loading), and request to remove them would be acceptable.
    If roof covering is solid concrete, slabs, paving, and is your to use. tell him to get lost.

    Comment


      #3
      Read the Deeds/ Lease. available on Land Registry website for a small fee, or do you just have an ast with the Freeholder/shop owner?

      Comment


        #4
        Originally posted by smilingsun View Post
        Without by knowledge he managed to get a CCJ against me for not paying the insurance premium last year Nov 2015.This year he is telling me that it is the law that i split the insurance even though i have purchased my own separate building insurance.He is threatening to take me to court unless i pay ..
        How did he manage to get a CCJ against you without your knowledge?

        Why did you pay for the window damage and not claim this from the freeholder?

        Pay the insurance if your lease says you must then consult a solicitor about suing the freeholder for the costs of the damage.

        Comment


          #5
          I'd try to get the CCJ set aside, claiming for the windows as a counter claim.
          To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

          Comment


            #6
            Originally posted by buzzard1994 View Post
            How did he manage to get a CCJ against you without your knowledge?
            A slightly less than honest person might give the address of the defendant slightly wrong, so the defendant never receives the court paperwork and loses by default.

            Contact the court and appeal the default decision on the grounds you know nothing about it.

            Who should pay for what will be in the lease.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by buzzard1994 View Post
              How did he manage to get a CCJ against you without your knowledge?
              I'm guessing o/p has to collect his post from the shop.
              To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

              Comment


                #8
                Originally posted by jpkeates View Post

                Contact the court and appeal the default decision on the grounds you know nothing about it.

                Who should pay for what will be in the lease.
                Exactly..explained simply in 2 lines
                Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

                I do not accept any liability to you in relation to the advice given.

                It is always recommended you seek further advice from a solicitor or legal expert.

                Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

                Comment

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