Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • silkz
    • By silkz 15th Mar 17, 12:22 AM
    • 9Posts
    • 2Thanks
    silkz
    Help! Issues with flat sale - lease & freeholder
    • #1
    • 15th Mar 17, 12:22 AM
    Help! Issues with flat sale - lease & freeholder 15th Mar 17 at 12:22 AM
    Couple of issues here. Firstly my lease is short at 66 yrs. Trying to sell my flat after 10 yrs and I thought I had extended it with the old freeholder shortly after the purchase. It was a direct agreement with the previous freeholder ( who was a lovely old lady) and a inherited condition by (conniving) ex-seller & her estate agents who layed it on me as a naive ftb at the last minute (they knew i was gazumped twice before, so I really didn't want to lose this place). Now I've sadly found out the £2k I paid the ex-freeholder wasn't for a lease-extension but a transfer of lease or something, having managed to speak to her recently & her son. Ive got a letter fr om ex-sellers solicitors saying £2k was agreed for lease extension to me, they probably knew it wasn't though. How can I now sell my flat with this looming as my patient FTB's mortgage company won't lend on a short term? My EA says I should find a solicitor and sue the old lady as it would cost £12k+ to extend...I dont have the money.

    Secondly, I can't approach the existing freeholders as we've always been in dispute with them since they bought 2 of the 3 flats shortly after we did. We've had constant issues about lack of maintenance, damage and repairs caused by their tenants over the years. They're both evil money grabbing snakes who have put a spanner in the works with the LPE1 property forms for the sale, hiking up their fees to an extortionate £750 and adding calculated interest etc to stuff and their time for 'meetings'! I'm at a loss at what to do as they've been edging us out slowly for the past 10 years being landlords from hell and never lifting a finger for the regular monthly money we have paid them. They've never issued us letters regarding any works or followed lease processes to give us notice of such as done a couple of things as they've had to following council regulation notice of fire safety etc as they've always rented out the other 2 flats to asbo dss, so in breach of lease conditions for sure.

    It's caused us no end of stress, with 2 very young kids, we just want to get out of here & into a house. My husbands saying we should've paid them the demanded £450 what we 'owed' them 2 yrs ago to avoid this drama as its a small price to pay for the stress. Its so unfair and I feel like they're boxing us into a corner on purpose, have been edging us out so eventually we sell to them ideally, but we won't, so making the sale to leave a very messy ordeal.
    Last edited by silkz; 15-03-2017 at 12:27 AM. Reason: grammar
Page 1
    • Harryp_24
    • By Harryp_24 15th Mar 17, 6:34 AM
    • 163 Posts
    • 201 Thanks
    Harryp_24
    • #2
    • 15th Mar 17, 6:34 AM
    • #2
    • 15th Mar 17, 6:34 AM
    stop thinking abut what you should of done, its done. Id highly suggest a solicitor in this regard, this forum is generally just opinions.
    • anselld
    • By anselld 15th Mar 17, 6:46 AM
    • 5,280 Posts
    • 4,812 Thanks
    anselld
    • #3
    • 15th Mar 17, 6:46 AM
    • #3
    • 15th Mar 17, 6:46 AM
    It is difficult to see how you could have paid £2k in expectation of a lease extension without going via your own solicitor. Why did your own solicitor not ensure the lease extension was correctly processed?

    Your dispute with the Freeholder will need to be resolved prior to sale. If you cannot resolve amicably you will need to take it to First Tier Tribunal for a determination.

    if you want a conventional sale to proceed you will need to resolve the extension and the dispute. Alternatively you will need to find a cash buyer or sell at auction and price accordingly. It might be better to get an offer from the money grabbing snakes.
    • silkz
    • By silkz 15th Mar 17, 9:25 AM
    • 9 Posts
    • 2 Thanks
    silkz
    • #4
    • 15th Mar 17, 9:25 AM
    • #4
    • 15th Mar 17, 9:25 AM
    [QUOTE=anselld;72253468]It is difficult to see how you could have paid £2k in expectation of a lease extension without going via your own solicitor. Why did your own solicitor not ensure the lease extension was correctly processed?

    The solicitor did advise us at the time of purchase whether to pursue or extend after, but we had no money left at the purchase so we paid the freeholder in instalments within the first 6 months afterwards. We thought we took over an existing agreement between the seller & freeholder of £2k.
    • sparky130a
    • By sparky130a 15th Mar 17, 9:37 AM
    • 638 Posts
    • 775 Thanks
    sparky130a
    • #5
    • 15th Mar 17, 9:37 AM
    • #5
    • 15th Mar 17, 9:37 AM
    [QUOTE=silkz;72254041]
    It is difficult to see how you could have paid £2k in expectation of a lease extension without going via your own solicitor. Why did your own solicitor not ensure the lease extension was correctly processed?

    The solicitor did advise us at the time of purchase whether to pursue or extend after, but we had no money left at the purchase so we paid the freeholder in instalments within the first 6 months afterwards. We thought we took over an existing agreement between the seller & freeholder of £2k.
    Originally posted by anselld
    I hate to say it but it sounds like you've been duped.

    Is the solicitor suggesting you sue the same one who should have processed the lease extension properly in the first place?
    • silkz
    • By silkz 15th Mar 17, 10:43 AM
    • 9 Posts
    • 2 Thanks
    silkz
    • #6
    • 15th Mar 17, 10:43 AM
    • #6
    • 15th Mar 17, 10:43 AM
    My Estate agent says to sue the ex freeholder as they didn't specify it wasn't for a lease extension. We are going to seek legal advice from my conveyancing solicitor.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,502Posts Today

6,896Users online

Martin's Twitter
  • RT @thismorning: 'Sometimes the best gift is releasing somebody else from the obligation of having to give to you' says @MartinSLewis. Do y?

  • Shana tova umetuka - a sweet Jewish New Year to all celebrating. I won't be online the rest of t'week, as I take the time to be with family

  • Dear Steve. Please note doing a poll to ask people's opinion does not in itself imply an opinion! https://t.co/UGvWlMURxy

  • Follow Martin