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Problem Freeholder...?
MysticNacho
Posts: 66 Forumite
Hi Folks...
Just wanted some views and advice if you don’t mind me asking!
Partner and I bought a leasehold ground floor flat in January.
We decided to erect a shed on our decking to store various bits and bobs. Believing that this would have been ok, as it’s in our garden space etc, we went ahead and did it. Received a letter from freeholder’s solicitor at the end of June stating the shed had to be removed as it blocked access for reapirs to the stairs leading down to the garden from the flat above, hence breaking the lease, and we had 14 days to move it.
Contacted freeholder, apologised for our mistake, and agreed to move it by 30th July, as we had holiday commitments etc. Now, during this conversation with the freeholder, he admitted jumping over the fence from upstairs flats garden (its currently vacant) to ‘check out the shed’. This immediately sent alarm bells ringing in my head as he was taking a gander around our garden without permission. Freeholder wanted to charge us for solicitors letter, which I said was unfair has he has entered our property without permission. I documented the conversation, and sent freeholder a letter stating the solicitor’s fee was to be waived and confirmed the date the shed was to be moved by, which he responded to, again by letter, agreeing the timescale.
Yesterday I received an abusive phone call from freeholder, (fffing and jeffing away)claiming he was going to start court proceedings as we had not move the shed in 14 days. Explained to him, he agreed to letter I sent stating the shed would be moved by the 30th (in fact the base is all done, its being moved this Saturday). He said he couldn’t give a ‘f*ck’…
Now what do I do? I have written confirmation from freeholder saying he agreed to 30th July, yet he is going back on his word… Should I contact a solicitor? What rights do I have!!
Any advice would be greatly received.
Just wanted some views and advice if you don’t mind me asking!
Partner and I bought a leasehold ground floor flat in January.
We decided to erect a shed on our decking to store various bits and bobs. Believing that this would have been ok, as it’s in our garden space etc, we went ahead and did it. Received a letter from freeholder’s solicitor at the end of June stating the shed had to be removed as it blocked access for reapirs to the stairs leading down to the garden from the flat above, hence breaking the lease, and we had 14 days to move it.
Contacted freeholder, apologised for our mistake, and agreed to move it by 30th July, as we had holiday commitments etc. Now, during this conversation with the freeholder, he admitted jumping over the fence from upstairs flats garden (its currently vacant) to ‘check out the shed’. This immediately sent alarm bells ringing in my head as he was taking a gander around our garden without permission. Freeholder wanted to charge us for solicitors letter, which I said was unfair has he has entered our property without permission. I documented the conversation, and sent freeholder a letter stating the solicitor’s fee was to be waived and confirmed the date the shed was to be moved by, which he responded to, again by letter, agreeing the timescale.
Yesterday I received an abusive phone call from freeholder, (fffing and jeffing away)claiming he was going to start court proceedings as we had not move the shed in 14 days. Explained to him, he agreed to letter I sent stating the shed would be moved by the 30th (in fact the base is all done, its being moved this Saturday). He said he couldn’t give a ‘f*ck’…
Now what do I do? I have written confirmation from freeholder saying he agreed to 30th July, yet he is going back on his word… Should I contact a solicitor? What rights do I have!!
Any advice would be greatly received.
0
Comments
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personally, id be more inclined to contact the police.
I wouldnt just yet, but trespass and abuse- could be viewed as harrassment, jsut depends how long it drags on for.
this sort of thing really scares me tho, and I dont like that one bit. *shivers*:beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
Theres no dollar sign on piece of mind
This Ive come to know...
So if you agree have a drink with me, raise your glasses for a toast :beer:0 -
Thanks for responding...
Having asked a few peeps at work, they suggested i document every time he calls, and if i receive another abusive call from him, to refuse to answer any further contact via telephone and do it all by snail mail or email.
Going to have a look at a leaseholding website a friend suggested as i think he may be in breech of the whole, 'right to a quiet life' and all that jazz.
Fingers crossed this gets sorted!!0 -
I would check your lease documentation to see whether there are any restrictions on what you can and can't do in the garden. Are you sure that your lease prevents you from erecting the shed, or have you just taken his word for it?
What else might he object to?0 -
MysticNacho wrote: »Thanks for responding...
Having asked a few peeps at work, they suggested i document every time he calls, and if i receive another abusive call from him, to refuse to answer any further contact via telephone and do it all by snail mail or email.
Going to have a look at a leaseholding website a friend suggested as i think he may be in breech of the whole, 'right to a quiet life' and all that jazz.
Fingers crossed this gets sorted!!
I agree with lynzpower.
If he continues to abuse you report him to the local police for harassment and then tell him in writing you won't respond to him on the telephone with the crime reference number.
As he is abusive, he will likely respond to your letters with solicitors' letters as he will know solicitor's letters can be worded to stress people out.I'm not cynical I'm realistic
(If a link I give opens pop ups I won't know I don't use windows)0 -
Thanks for your comments folks!!
I have checked lease documentation, and we were in breach of our lease with regards to our shed, as it blocked access to the flats aboves stairs if they needed repairing etc... Partner and I should have checked this when we built the shed, but we didn't, just built it in what we think is 'wasted' space on our decking (gets no sun light etc), now we know why!!
If we do receive any further abusive calls, we will write to him advising we will have no verbal contact with him, and if he wants to play the solicitors game, then so be it.0 -
I may be wrong, but doubt that he will want to incur any legal fees. You're moving the shed and you have it in writing. Try to keep getting everything in writing and document all phone calls with him by follow up emails - "just to confirm that we discussed x on the phone and you said y"etc. We also have an ugly freeholder of the non-responding kind though. He was once really rude on the phone to OH so we sent him an email stating that he'd agreed to x etc, kind regards etc.
Time to do away with this feudal system.....don't get me started. Good luck.0 -
I may be wrong, but doubt that he will want to incur any legal fees.
He could have written the letter himself without using a lawyer.
If he is a business he could factor in legal costs as part of it so the fees don't mean much to him.
He probably just wants to show the OP whose boss by asking them to pay, as why would he start being abusive down the phone and threatening court action after a shed moving date was agreed by both parties?
BTW OP check your lease and any restrictive covenants in it for the freeholder's right to access your garden. You may find that the freeholder has a have right to do so without your permission if they need to carry out repairs.I'm not cynical I'm realistic
(If a link I give opens pop ups I won't know I don't use windows)0
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