HELP! Can freeholder access property in an emergency?

Doozergirl

We own the Freehold on a conversion of four flats. There is water coming down the walls of the ground floor flat from the first floor flat which has been sold and To Let since September of last year.

Despite requests, we have no contact details for the leaseholder though we are currently trying to bully the previous solicitor's for details. No-one goes there to collect post.

In the meantime, we have a problem that we have to deal with. Are we allowed to break into the flat to fix the problem? We can't get hold of our solicitor!

:wall:

Tassotti

If the propertry is to let, is it by an estate agent? If so, contact them and inform them of the situation. Let them know it is an emergency. They should have the owners details and pass it on.

Good luck

Tass

Doozergirl

The letting agent never answers the phone.

Got hold of our solicitor. She says we can break in if it is an emergency but that if they don't have contents insurance, we will have to pay to rectify the damage. Why would they have contents insurance on an empty flat if they can't even be bothered to keep an eye on it?

Who'd be a Freeholder, eh? :wall: :mad:

micheleen

Is the water coming from an overflow or something ? I 'think' in that sort of case the Water Company are allowed to break in. May be worth asking them.

Doozergirl

Sounds like it's from the ensuite bathroom.

Solicitor has now spoken to the leaseholder and they're sending a plumber, we will also get contact details to send the service charge bill to at last. Panic over!

Tassotti

Out of interest, as the freeholder, are you responsible for maintenance of the properties involved?

Are you the management company?

Seems like a lot of responsibility for not much return. Could be wrong as I obviously don't know the figures involved.

Doozergirl

It wasn't out of choice. We converted the house into flats and offered the flats with share of freehold. But they're all first time buyers and they didn't want it. We're responsible for the exterior and communal areas, but their inexperience of being property owners mean we get treated more like a Landlord.

Yes, it's all work for no money and at least one of them thinks they're getting ripped off. Luckily, they'll be taking over the management themselves soon. No idea why they didn't want the Freehold - maybe a quick chat with their solicitors in the first place would have saved us all time and money. Oh well, our children's children will get a few grand one day. That's saving for the future!

Tassotti

Can you not put the freehold into an auction and get rid of the hassle?

mummytofour

If I were u I would hand the freehold over to a managemnet compony, who will charge the fees to the leaseholders and take all the agro away from u!

Glad its sorted!

ethank

I would say check the lease. I have just checked mine and it says that the freeholder has the right of entry to deal with emergency issues without notice.

ethank

Doozergirl. Most mortgage lenders will not lend to leaseholders who are buying a share in the freehold. They will not lend on freehold flats either. Check the Council of Mortgage Lenders Handbook http://www.cml.org.uk/handbook/frontpage.aspx