Flat's freehold includes disused shop- L's obligations?

[anne2110]

Hi

Need some advice please.

My leasehold flat is a converted house which has a shop on the front, the house is made up of one other flat. The shop has closed down and has not be in use for over 20 years and the freeholder is storing furniture in it. It is an eyesore and has been vandalised(window broken, graffiti) It is also a magnet for fly tipping. I have spoken to the freeholder asking him if I could put nets up, in order to make it seem as if it's part of the house and hopefully stop the problems, he has told me he has lost the keys.

Is the freeholder responsible for the upkeep and maintenance, where do I go from here in relation to his response-keys?

Many thanks

[Poppy]

It is the freeholder’s responsibility to organise the maintenance of the building.

If the keys are lost, the freeholder could employ a locksmith to open the door or he could drill out the lock or he could use brute force.

Read the lease. Does it have a clause where the lessees can enforce the freeholder's responsibilities? Even if it doesn't you can take the matter to a leasehold valuation tribunal.

Possible long-term solution: does the freeholder wish to sell the shop lease to you?

Perhaps you could scare the freeholder into maintaining that part of the building by reminding him that he could be invalidating the buildings insurance by his failure to properly maintain.

[anne2110]

Thanks Poppy

I will have a look at my lease.

Regards

Anne

[jeffrey]

Better: consult the other flat's leaseholder, with a view to joint purchase of the shop lease AND freehold reversion of whole building.

[Gordon999]

Is the shop floor area under 25% of total floor area ?