Help! Nasty Freeholder

shmay79

Hi,

I bought my flat just over a year ago but I'm having a problem with the freeholder. He has not once done any maintaince work to the communal areas. The downstairs hallway has a major damp problem which is now affecting our flat. I rang him and told him the issue and was fobbed off. The flat upstairs say that he does no maintaince work ever; unless it is an absolute emergency. What can I do and what are my rights? Any help greatly appreciated!!!

Thanks,
Shmay

pie81

have a look in your lease. that will say what his maintenance obligations are - they may be quite vague eg "keep the property in good order" or they may be quite specific eg "redecorate every 5 years".

legally there are 2 routes available. (1) take him to court to enforce his obligations in the lease. (2) if you can get the other leaseholder to join in, you can apply for the right to manage the property instead of the freeholder. (or (3) you could even apply to buy the freehold - but that's more expensive of course).

however all these routes are time consuming and can be expensive. a much simpler option is that you and the other leaseholder just arrange the work yourselves and split the cost between you. under your lease, you would have to pay for the work even if the freeholder does it, so why not just cut him out and do it yourselves? however this route only works of course if the upstairs flat is willing to pay up, as you would not have any legal right to claim the £ from them.

hope that helps.

Ian_W

The leasehold advisory service are probably the best people to speak to about your rights regarding the freeholders duty to maintain the building.

If the damp in your flat is potentially a health hazzard your local council environmental health dept MIGHT be worth contacting, see if they can put any pressure on the freeholder to effect the repairs you're paying for via your service charge.

shmay79

Hi, Thank you for the quick reply! Will definitely check my lease. Had considered doing works without him but also think, why should he get away with not paying! We'll speak to the neighbours for their thoughts as well!

Will research what you've suggested further. Interesting re health hazard, will ask local council. My husband has asthma so maybe could bring that into the equation.

Thanks

Shmay:D

ILW

shmay79 wrote: »

Hi, Thank you for the quick reply! Will definitely check my lease. Had considered doing works without him but also think, why should he get away with not paying! We'll speak to the neighbours for their thoughts as well!

Will research what you've suggested further. Interesting re health hazard, will ask local council. My husband has asthma so maybe could bring that into the equation.

Thanks

Shmay:D

If this work is not included in any service charge, you will have to pay even if the freeholder does do it.

Fire_Fox

Read your long lease, read the Leasehold Advisory Service website (no need to ring them, it's all there) and write a letter to your freeholder detailing the work that needs doing and their obligations. If you do the work yourself you are working outside the law and will have to pay for it.

pie81

shmay79 wrote: »

Had considered doing works without him but also think, why should he get away with not paying!

as mentioned above, you and the other leaseholder will have to reimburse the landlord for all works that the landlord is obliged to do to the building. this is the case whether he does the work or whether you do the work. so even if you get him to do it, you will still have to pay. and if he does it, he might not use the most cost effective builder...

the only exception to this is if your annual service charge has included a sinking fund element - if so then the works should be paid for out of that.

Doozergirl

Just to reinforce that you as leaseholders pay for all the work carried out, the freeholder is supposed to organise it (if indeed that is what the lease says). The freeholder does not pay a penny towards the work.

If he isn't bothered then organise it yourselves - it willl be cheaper probably and you get to pick your own contractor.

The freeholder is not a landlord in that way where they pay for the upkeep - they are your flats, you pay for them.

Fire_Fox

I do not think it's a good idea to organise and pay for the work yourself until you have gone through the appropriate channels with the freeholder. Many long leases have clauses that prevent you from making any structural alterations to the building without the freeholders consent; if the works don't go to plan you could end up in breach of your lease. Furthermore it would be better for later conveyancing if there was a proper system in place for ongoing care and maintenance. There is a reason the LEASE telephone advice line and LVTs exist - use this avenue if required.