is this freeholder harrassment?

crisp

Thats the question and what rights does the leaseholder have.

Im posting this for a friend with a small family. the family is the leaseholder with over 100 years unexpired in a block of 3 flats. the other two flats are let by the freeholder. as a result the freeholder is around much more often than usually; almost once a week.

On several occasions the freeholder has been found peering in through windows of the leaseholder. Usually, a visit ends with a letter through the door to change something and if thats not done then a follow up solicitors letter. Lately, its been the removal of a dish and a poster in the window. This pattern of behaviour has been going on for 3 years now. Even to a stage where the freeholder has said that unless compliance is given then a forced sale could follow.

While the leaseholder should not cause a nuisance to neigbours, surely the leaseholder has some right to peaceful enjoyment within reason.

spuds_2

I am guessing that the freeholder would like to buy your friend's flat and sell the block on. It would be worth much more if they owned all 3 outright. It does sound like harrassment. Does your friend have any documents outlining regulations about living there, responsibilities etc. that might shed light on what they and the freeholder are allowed to do?

I would certainly be keeping a dated log of all these minor things. These are just my quick thoughts. Someone more in the know will be along soon to give a more informed response.

tbs624

Your friend should get along to http://www.lease-advice.org where there is specific help and guidance available on all manner of things leasehold I think spuds has probably hit the nail on the head.

The FHer needs a firm letter telling them to back off - it is*not* acceptable to be peering through other people's windows.Does this FHer also pester the life out of the tenants of the other 2 flats?

oldone_2

As spuds says, keep a very detailed log of everything. Also look very carefully at the lease you signed. It may mention no posters in the windows, but it would be unusual to specifically state no dishes. If this is the case put a dish in the window, and wait for the solicitors letter (if it ever arrives). This could then be used to build up a case of harrassement from the freeholder.

Alternatively have the flat valued and offer it to the freeholder at this price plus 25% with no negotiation. If he says he is not interested in buying, then his actions are not because he wants to sell the other flats, but some other reason.Try and find out what this is.

Doozergirl

I'd keep a copy of the lease to hand an ignore any request that isn't a requirement in the terms of the lease. Having a poster in the window is certainly not doing anything wrong.

I would defy the freeholder to try and force a sale, in fact I'd happily confront them after having spoken with the Leasehold Advisory Service. There are very very few circumstances in which they would ever be able to force a sale and I would feel really quite secure in telling them where to go, knowing that they're probably just a bit nuts. They must be a nightmare of a landlord for the tenants also if they are always around. No landlord has much of a need to be around more than quarterly, if that, I'd say.

Fire_Fox

Read the long lease - it's actually quite common to need the freeholders permission to do anything to the fabric of the building, including adding satellite dishes. If they want to waste money sending solicitors letters I'd be inclined to go the same route: read the LEASE website, then write to the solicitor quoting the long lease and the Landlord-Tenant Act 1985. Every time the solicitor is involved it costs the freeholder money ....

crisp

thanks everyone for the advice, which I will pass on. i get the impression from my friend that the freeholder is a total control freak and no one ever stands up to her apart from my friend.