No Service charge

Made_Without

Saw a flat today - inside it was really really nice. Current owner has done an wonderful job.

I would need to double glaze as it currently only has single and is on a main road.

However, externally the building looks in disrepair
- a lick of paint would do it wonders
- it 'looks' solid

It's a leasehold property (just over 100 years) however, there is no service charge / ground rent

The freeholder apparantly lives in the flat below.

It's a grade 2 listed building and on the internet - doing a random search for details found that the local council had noted it's disrepair in 2007, with a reassement cited to be carried out in 5 years.

I would be willing to pay for a share of the upkeep of the building - but how is this possible if he freeholder doesnt have a service charge set?

Is there a way of obtaining a share of freehold in order to get such work done?

I really like the flat but am very worried about the above, so cautious putting in an offer

Thanks
c*f

Fire_Fox

A share of freehold would only give you an equal vote on what work is or is not carried out. Do you understand how much expense is involved in maintaining many listed properties? You could need listed building consent for even routine repairs: it is highly unlikely you will be allowed to install double glazing without the council's consent and possibly not without the freeholder's consent. Have you checked that the work carried out internally by the current leaseholder had listed building consent?

It's quite possible to maintain a building without service charges, you simply have a levy. How would you finance this if it ran to thousands? A freeholder is usually covenanted in the long lease to keep the property in a good state of repair, if they do not you could take the case to a Leasehold Valuation Tribunal. Are you able to get sight of the long lease in the HIPs? Are you willing to p1ss the freeholder off by going to an LVT?

Made_Without

Fire_Fox wrote: »

A share of freehold would only give you an equal vote on what work is or is not carried out. Do you understand how much expense is involved in maintaining many listed properties? You could need listed building consent for even routine repairs: it is highly unlikely you will be allowed to install double glazing without the council's consent and possibly not without the freeholder's consent. Have you checked that the work carried out internally by the current leaseholder had listed building consent?

It's quite possible to maintain a building without service charges, you simply have a levy. How would you finance this if it ran to thousands? A freeholder is usually covenanted in the long lease to keep the property in a good state of repair, if they do not you could take the case to a Leasehold Valuation Tribunal. Are you able to get sight of the long lease in the HIPs? Are you willing to p1ss the freeholder off by going to an LVT?

Thanks Firefox
I know there are rules for ensuring the 'look' remains the same but I didnt realise permission was required for double glazing!

Not sure if the work undertaken has listed building consent - I thought this generally only impacted the exterior.

I didnt think HIPs existed anymore - regardless, no havent seen one or any documentation.

And no I wouldnt want to p1ss off the freeholder - however, people do judge a property by its external appearance. Im surprised he has let it get to looking like this - being an owner-occupier

so re: the council noting the disrepair - can they get the freeholder to do something about it?

Thanks
C*F

Fire_Fox

Chocolate*fish wrote: »

Thanks Firefox
I know there are rules for ensuring the 'look' remains the same but I didnt realise permission was required for double glazing!

Not sure if the work undertaken has listed building consent - I thought this generally only impacted the exterior.

I didnt think HIPs existed anymore - regardless, no havent seen one or any documentation.

And no I wouldnt want to p1ss off the freeholder - however, people do judge a property by its external appearance. Im surprised he has let it get to looking like this - being an owner-occupier

so re: the council noting the disrepair - can they get the freeholder to do something about it?

Thanks
C*F

Listing buildings are not only about maintaining the visual appearance of the property, it is about preserving the features themselves. Otherwise we should list modern replica buildings! It is conservation areas that are more about maintaining a unified period look. Even if you get consent for double glazed units you may need to make them indistinguishable which is an expensive craftsman job.

Those windows are part of the history of the property that makes it worth listing: if you cannot appreciate that you would be best not to buy a listed building. Listing can be just the exterior or it can cover internal features, especially in grade 1 listed. You need to speak to the listed buildings officer at the local council, personally I'd do that by e-mail so you have a paper trail.

It could take years for the council to enforce action against the freeholder, the building usually has to be deemed 'at risk' which often means it is very dilapidated. IMO the other leaseholder is in the best position to insist on repairs under the covenants in the long lease. The council have already stated their position by saying they will inspect in 2012.

HIPs are no longer required for properties new to the market, I'd ask the estate agent as there may well be a copy of the long lease kicking about; otherwise consider downloading one from the land registry site.