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Aug, 2014

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  1. #1

    Default 4 flats in a block, roof requires repairs, all leaseholders will not pay

    Can I ask for some advice for a friend of mine please with the above problem?

    He owns a top floor flat in a block of four. His flat runs front to back on the right hand side of the block, with the right hand side ground floor flat below his and an up and down stairs left hand pair mirroring this configuration.

    The flank tiles along the edge of the gable end roof have become insecure and the concrete fillet is missing in some places has fallen to the path below. The loft space is open to rain snow and birds and now has damp problems. It will get worse if it is not made good.

    What can he do to force the leaseholders to contribute towards the cost of repairs, in the region of £2k?

    pm

  2. #2
    Join Date
    Sep 2006
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    Sheffield
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    He should read his lease. This ought to show that the freehold reversioner is responsible for the block's structure. If so, a typical lease's service charge scheme would cover it.
    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).

  3. #3
    Join Date
    Nov 2008
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    2,161

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    ..and if so inform the freeholder of the need for repair.

    Andy

  4. #4
    Join Date
    Jun 2010
    Location
    Foundation trench for New Shed@ Ham on Rye
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    Is the problem that the four owners are responsible for management? Perhaps joint freeholders, headlessor company, RTM or RMC, and simply cannot agree?
    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. More ramblings atleaseholdpropertymanager.blogspot.com

  5. #5

    Default

    Thank you Jeffrey, I shall look into that. I think he has told me that the leaseholder management co went bust, I will find out and come back here in a minute or so.

    pm

  6. #6

    Default

    Aparently in the 1960's the management company went bust. About 3 years ago my friend found that the freehold reverts to the Crown, but can be bought for a nominal sum by anyone interested in so doing. He also found that he could not buy the freehold on his own and needed A N other leaseholder to buy it with him, at least 1 of the other 3. He started the process with another leaseholder and then went to live abroad. In his absence the other persons did not keep the process going and deal with the solicitors and sign paperwork so the process stopped.

    What can he, should he do now? His flat is the one most affected by the problems with the roof tiles. The roof does need doing, and there are other repairs needed. Could I buy into the freehold with him, or does it have to be a leaseholder?

    pm

  7. #7
    Join Date
    Jun 2010
    Location
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    Sorry PM but what status did the Man CO have? Was it the freeholder, a party to the lease manager, or an agent.

    It is vital to establish what the lease says in order to answer.

    In the immediate future the group can exercise RTM or even one can apply to the LVT to appoint an external independant manager. See lease- advice.org.

    if the "Management" went bust and were a party to the lease eg FH Manager and leaseholder, then each falt owner can agree to form a new company, each flat owner taking a share, and agree to vary the lease to replace the original manager with the crown signing the deed of variation as freeholder.

    The other option which we have done in this case if for all parties to set out their declining to take part in purchasing the freehold and asking the Crown to accept a sale to you. Although not bound by the Act, they try to follow it, and therefore can choose this route. The wording of the leter to each owner setting out the position ie what they are giving up is important and should be drafted by his solicitor.

    As you will pay costs plus £1 a convincing arguement is that your new company will have 4 shares, and simply put set up to allow the otherwise sot join or subsequent flat owner have the opportunity to do so.
    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. More ramblings atleaseholdpropertymanager.blogspot.com

  8. #8

    Default

    Thank you for your input leaseholdanswers. I will try to find out more specific detail on monday, and get a copy of, or at least a look at the lease.

    pm

  9. #9
    Join Date
    Sep 2006
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    Sheffield
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    Quote Originally Posted by property mongrel View Post
    Aparently in the 1960's the management company went bust. About 3 years ago my friend found that the freehold reverts to the Crown, but can be bought for a nominal sum by anyone interested in so doing. He also found that he could not buy the freehold on his own and needed A N other leaseholder to buy it with him, at least 1 of the other 3. He started the process with another leaseholder and then went to live abroad. In his absence the other persons did not keep the process going and deal with the solicitors and sign paperwork so the process stopped.

    What can he, should he do now? His flat is the one most affected by the problems with the roof tiles. The roof does need doing, and there are other repairs needed. Could I buy into the freehold with him, or does it have to be a leaseholder?
    It sounds like an expert solicitor's services are needed, to unravel this mess and reconstruct title satisfactorily.
    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).

  10. #10
    Join Date
    Jun 2010
    Location
    Foundation trench for New Shed@ Ham on Rye
    Posts
    14,590

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    Quote Originally Posted by jeffrey View Post
    It sounds like an expert solicitor's services are needed, to unravel this mess and reconstruct title satisfactorily.
    Agreed. I hope with some more detail PM's chum can go to such an expert with a rudimentary understanding of the options.

    Or, as some members have found, when meeting with an "expert" can explain the options exist and need to be researched for their suitability!

    Don't forget about those expert chartered surveyors too....
    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. More ramblings atleaseholdpropertymanager.blogspot.com

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