Freeholder trying to rip off leaseholder

[Deleted User]

PART 2 Installations in common use
7.—(1) The manager shall ensure that the following installations in common use, or which serve any part of the house in common use, are in and are maintained in repair, a clean condition and good order (including, where appropriate, proper working order)-
(a) installations for the supply of gas and electricity, for lighting and for space heating or heating water;
(b) sanitary conveniences, baths, sinks, washbasins and installations for cooking or storing food;
(c) receptacles or other installations provided in connection with the delivery to the house of postal packets, within the meaning of the Post Office Act 1953[2];
(d) other installations (if any) in a kitchen, bathroom, lavatory or washroom which are not subject to any of the foregoing provisions of these Regulations.

(2) The manager shall ensure that installations for lighting serving any part of the house in common use are readily available for use by residents to such extent and at such times as they may reasonably require.

(3) This regulation shall extend to installations for lighting on staircases and at entrances to the house which are used by residents, whether in common or otherwise, except any staircase which is comprised in a resident's living accommodation which either does not open directly on to a part of the house in common use or is separated from such part by a door.

Living accommodation
8.—(1) The manager shall ensure that-
(a) the internal structure of any part of the house occupied by a resident as his living accommodation is in and is maintained in repair; and
(b) the installations in the accommodation for the supply of water, gas and electricity, for space heating and heating water and for sanitation are in and are maintained in repair and proper working order.

(2) The manager shall ensure that any living accommodation is in a clean condition at the beginning of a resident's occupation of it.

(3) This regulation does not require the manager to carry out any repair the need for which arises in consequence of use by a resident of his living accommodation otherwise than in a tenant-like manner.

Windows and ventilation
9.—(1) The manager shall ensure that all windows and other means of ventilation in any part of the house occupied or used (whether in common or otherwise) by residents are in and are maintained in repair and proper working order.

(2) Except in so far as may be necessary for the proper discharge of any other of his duties under these Regulations, the manager shall not be required by paragraph (1) to carry out, in a part of the house which is occupied by a resident as his living accommodation, any repair to a window or other means of ventilation the need for which arises in consequence of use of that part otherwise than in a tenant-like manner by the resident.

Means of escape from fire
10.—(1) The manager shall ensure that all means of escape from fire in the house and all apparatus, systems and other things provided by way of fire precautions are in and are maintained in good order and repair and are kept free from obstruction.

[Deleted User]

PART 3 (2) The manager shall cause to be displayed in suitable positions in the house so as to be readily visible to residents signs indicating all means of escape from fire in the house.

Outbuildings, yards etc. in common use

11.—(1) The manager shall ensure that every outbuilding, yard, area and forecourt, which belongs to the house and is in common use, is in and is maintained in repair, clean condition and good order, and that any garden in common use belonging to the house is kept in a reasonable condition.

(2) The manager shall ensure that boundary walls, fences and railings (including basement area railings), in so far as they belong to the house, are kept and maintained in repair so as not to constitute a danger to residents.

(3) If any part of the house is subject to a closing order, or not in use, the manager shall ensure that such part, including any passage and staircase directly giving access to it, is kept reasonably clean and free from refuse and litter.

Disposal of refuse and litter
12. The manager shall ensure that refuse and litter are not allowed to accumulate in the house except where properly stored pending disposal, and he shall, in particular,-
(a) provide, and maintain the provision of, suitable refuse and litter bins or other suitable receptacles on a scale adequate to the requirements of residents, except in so far as such provision is made by the local authority, and
(b) make such supplementary arrangements for the disposal of refuse and litter from the house as may be necessary having regard to any service provided by the local authority.
General safety of residents
13. The manager shall ensure that such precautions are taken as are reasonably required, having regard to the design of and structural conditions in the house and to the number of residents, to protect those residents from injury as a result of those conditions; and in particular he shall (without prejudice to those obligations) ensure as respects any roof or balcony which is not in all respects safe, either that reasonable measures are taken to prevent access to it, or that it is made safe, and that such safeguards as may be necessary are provided against the danger of accidents resulting from the presence on staircases of windows the sills of which are at or near floor level.
Duty to display notices
14. The manager shall cause to be displayed in a suitable position in the house so as to be readily visible to the residents a notice containing the name and address and the telephone number, if any, of the person (or of each person) who is manager of the house, describing him as manager and, where appropriate, as agent or trustee for the receipt of rents, and he shall take all reasonable steps to ensure that the notice remains so displayed (with any necessary amendments).
Duty to inform local authority about occupancy of the house
15. If required to do so by written notice given by the local housing authority, the manager shall provide the authority with such of the following particulars as may be specified in the notice with respect to occupancy of the house, or, where part only of the house is occupied by residents, with respect to occupancy of that part-
(a) the number of individuals and households accommodated;
(b) the number of individuals in each household;
(c) the purpose for which each room in the house, or in the relevant part of the house, is being used;
and he shall provide the particulars within such time and in such manner as the authority may reasonably specify in the notice.
Duties of residents
16. With a view to ensuring that the manager can effectively carry out his duties under these Regulations, every resident shall-
(a) take reasonable care not to hinder or frustrate the due performance of those duties;
(b) allow the manager, at all reasonable times, to enter any room or other place occupied by that person for purposes connected with the carrying out by the manager of his duties;
(c) provide the manager, at his request, with all such information as he may reasonably require for the purpose of his duties;
(d) comply with any reasonable arrangements made by the manager in respect of means of escape from fire and anything provided by way of fire precautions or for the storage and disposal of refuse and litter; and
(e) take reasonable care to avoid causing damage to anything which the manager is obliged by these Regulations to keep in repair.
Revocation
17. The Housing (Management of Houses in Multiple Occupation) Regulations 1962[3] are hereby revoked.


EXPLANATORY NOTE

(This note is not part of the Regulations)
These Regulations make provision for ensuring that the person managing a house in multiple occupation observes proper standards of management.

They come into force on 1st July 1990 and from that date the Housing (Management of Houses in Multiple Occupation) Regulations 1962 are revoked (regulation 17).

Regulation 2 varies the definition of "person managing" in section 398(6) of the Housing Act 1985 and that definition as so varied is used in these Regulations. The "person managing" is referred to in the Regulations as "the manager".

The manager is required by the Regulations to ensure the repair, maintenance, cleansing or, as the case may be, good order of-
(a) all means of water supply and drainage in the house (regulation 4);

(b) parts of the house and installations in common use (regulations 6 and 7);

(c) living accommodation (regulation 8);

(d) windows and other means of ventilation (regulation 9);

(e) means of escape from fire and apparatus, systems, and other things provided by way of fire precautions (regulation 10);

(f) outbuildings, yards etc. in common use (regulation 11).

The manager is also required to-
(a) make satisfactory arrangements for the disposal of refuse and litter from the house (regulation 12);

(b) ensure the taking of reasonable precautions for the general safety of residents (regulation 13);

(c) display in the house a notice of the name, address and telephone number, if any, of the manager (regulation 14);

(d) provide specified information to the local housing authority about the occupancy of the house where the authority gives him written notice to that effect (regulation 15).

Regulation 16 imposes duties on persons who live in the house for the purpose of ensuring that the manager can effectively carry out the duties imposed on him by the Regulations.

Under section 369(5) of the 1985 Act, knowingly to contravene, or to fail without reasonable excuse to comply with, any of these Regulations will be an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.

TJ27

Those management of HMO regs are out of date too and I'm not sure that they can be enforced now either.

There are new management regs but strangely there is no notice which can be served. I recently sent an agent a letter drawing his attention to the new management regs (to do with maintenance of fire alarms) and I'm told that I can proceed straight to prosecution if he doesn't comply. Seems a bit wierd to me but I'm told that some of my neighbouring authorities have already prosecuted on this basis.

Oh and BTW, we've pretty much done away with the term, "fitness for human habitation" too. It's all done with the HHSRS nowadays and unfitness doesn't really apply.

I'm in Wales, and we sometimes do things very slightly differently here though.

[Deleted User]

If I may ask? The regs I got from the orders served by the council and then I went to the https://www.opsi.gov.uk - Office of Public Sector Information website. I downloaded the relevant sections. Because i know nothing about any of this. Questions: The Housing Act 1985 Section 189(1A) - NOTICE TO EXECUTE REPAIRS TO BUILDING CONTAINING AN UNFIT FLAT order, has at the end of it 'When carrying out the foregoing works, ensure that all surfaces...............left to match existing as under section 11 of the Landlord and Tenant Act 1985.' All this stuff seems to refer to the relationship between landlord who collects rent from tenant. The landlord in this case is our freeholder. The estimate of bills he is demanding money from me for includes some of the stuff - even using the same wording as above! We have bought a lease of a self contained basement flat in the same building. How do I seperate from the estimate of repair works, the stuff that I should contribute to - leaving the freeholder his landlord stuff? Is there a list of what I should expect to contribute to? Should I contribute to replacing windows in other people's flats or bedsits? Or balustrades and lighting on stairs that I will never use?

TJ27

Well to be honest we don't get involved with argument regarding who pays for what. All we are concerned about is that the work is done. If it's not done within a specified period, we prosecute the people who we've served the notice on.

As an example, I served a section 352 notice a while ago, which concerned means of escape from fire. The property was split into 11 flats, 9 of which were owned by the freeholder, 2 by leaseholders. The notice was therefore served on all three people. (It was more than that actually but I'm simplifying things.)

The fire alarm would obviously benefit all 11 flats. So typically you might expect the freeholder to pay nine elevenths and the leaseholders to pay one eleventh each. However, if there is some work which ONLY benefits the freeholder's flats, then you would expect him/her to pay for that bit.

Basically it was up to the three parties to have a meeting and decide who paid for what. All parties had an input regarding quotes. If the work wasn't done we would have taken all three parties to court.

It was a bit of a nuisance to sort out but the work did eventually get done and everybody was happy.

Have you actually been served with a notice? If so it sounds like it might not be enforceable, so I'd be tempted to do nothing. If not then there's nothing to enforce as far as you're concerned.... so I'd be tempted to do nothing.

The laws refer to HMOs. These are generally privately rented properties but they are often be owner occupied. Councils do actually have powers to apply this legislation to entirely owner occupied properties but rarely use it in such circumstances. However, if a property is part O/O and part rented then it is regularly used. We sometimes apply rules such as, "we'll take action if the property is two thirds rented, or more." So if a house is split into three flats and two are O/O we won't take action. If the same house has two rented flats then we will take action.

I'd have a chat with whoever served the notices.

I think I've even confused myself now. I need a lie down. :rotfl:

[Deleted User]

Thanks thanks thanks. I can't tell you how useful this is. I want to go and chat with the officers who served the notice but I want to be well enough informed so as not to waste their time. I have an invitation to phone the officers, which i will do on Monday. Thanks for going to so much trouble to help me toward an understanding. I work in the arts and do a lot with marginalised groups. I work with local authorities in helping set up and deliver training, but all this around the issues we have been discussing is new to me. I know solicitors are expensive but not sure how useful. One enforcement officer has written to me enclosing copies of the notices served and telling me that she has recently visited the only other leaseholder on the top floor. She says he is in poor health, that his dormer windows and roof are in poor repair, thinks I ought to talk to him and invites me to talk to her. I've tried to contact the other leaseholder but I am away from the flat at present and he doesn't seem to have fone. I imagine that other leaseholder may be applying for some sort of grant to help with costs.

Sorry to you need lie down now. Can't tell you how useful what you have said is to me. It gives a 'bigger context' view and the feeling that one is not so alone with it and able to stand up aggressive landlord.

TJ27

No worries.

Regarding the other leaseholder's windows, I think that sort of stuff is down to him. In other words, I don't think it's any concern of the council's. (Unless they really are bad, in which case it might be.) The main concern with this type of situation is fire safety. We serve notices to ensure that O/O flats in a HMO are alarmed and that the "envelope" is fireproofed. If you think about it this makes sense. If there is a fire in your flat, the other occupants need to know about it and it needs to be contained. But if your flat is in disrepair and it doesn't affect anybody else, so what?

In my area we haven't given grants for this sort of stuff for about fifteen years, unless it's part of a block repair scheme and the whole street is being given a makeover. You might be lucky though, so it's worth asking about grants.

It sounds like you haven't actually been served with a notice though. So if you tell the aggressive landlord to get stuffed what's he going to do? It's he that the council will prosecute if the work isn't done, not you. (If they are able to prosecute regarding these old notices that is. I don't think they can.)

Good luck with the council lady tomorrow.

I've recovered after my lie down and have just cooked a big roast dinner. I Feel much better now!

[Deleted User]

This is brilliant! I just tried to paste in one of my pictures to this message - by way of thanks - but the messaging system doesn't work like that! I'm a newcomer to this site. The freeholder is threatening to contact my building society if I don't come up with £11,000 or at least proportion for roof, external fabric of building and internal damaged ceilings(he had tenant who caused flood - definitely nothing to do with me!). I was cash buyer so no BS.

[Deleted User]

Thanks everyone for your help - I will be talking to the local council tomorrow. Because you have helped me work out some of this, I have been able to put together a halfway sensible email to LEASE, which I copy below. So thanks and watch this space!

We bought a basement flat leasehold 3 years ago. The freeholders Mr xxxx and Mr xxxx, owned the rest of the building which is arranged over five floors. Ours is the basement - a one bedroomed flat - completely self contained with seperate entrance and back garden. The freeholder has since sold the lease to one other flat. When we purchased our flat, there were two bedsits on the ground floor, two on the floor above and then two other flats. Some had tenants. They were the tenants of Mr xxxxx and Mr xxxx - the freeholders.

We have never had to pay ground rent, service or maintenance charges and these have never been set until external works were completed.

The exterior of the building looks in poor repair. XXXXX Council served The Housing(Enforcement Procedures for Houses in Multiple Occupancy) Order 1997, dated 17th January 2005. It says that the house is defective in consequence of neglect to comply with such of the requirements imposed by the Housing (Management of Houses in Multiple Occupation) Regulation 1990 (S.I. 1990/830) and works were specified to make good the neglect.
It says that all surfaces ..........left to match existing under section 11 of the Landlord and Tenant Act 1985.
The council also served Housing Act 1985 Section 189(1A) Notice to execute repairs to a part of a building containing an unfit flat, dated 11th February 2005. Point 3 of this notice says 'XXXX Council are satisfied that the flat is unfit for human habitation as described in Schedule 1 of this notice.' Schedule 1 says that the flat (this is a flat owned by the freeholders which they have been renting out to a tenant - who then stopped paying rent and pulled the council in to see the condition of his flat) fails to meet the following requirement of section 604(1) of the Housing Act 1985.

We had copies of the orders but assumed they were nothing to do with us, but just copies to keep us informed. Now the freeholders are demanding money from us. They sent us three estimates. We have been objecting not so much to the pricing but to 1. To which items do we have to contribute? and 2. By how many properties/households should the bill be divided? The freeholders say the work will cost £44,669.07 - plus surveyor's fees of £2,000.00, VAT and contingency of 5%, it comes to a total of £57, 577.98. The freeholders are saying that we have to pay 20% of this bill. Our flat only cost £53,000. We have worked hard to make it habitable and can't afford this bill.

The freeholders wrote to us - presenting 3 estimates, but we contested our responsibility to meet all of these demands. They since decided to go with the estimate above, but now say that they will not go ahead with the work until they have funds from the leaseholders.

Going through the shedule of works in the costings which make up that potential bill, I am spotting many items for which I think we are not responsible. They include decoration - both internal and external - which the freeholders have already provided a signed statement saying we don't pay for this.

As part of our paperwork we have a form in which Mr xxxx and Mr xxx have written - '... decorations are planned in the next two years (purchaser will not be charged).
It is signed by them.In the time we have owned the lease of the basement flat, the freeholders have not completed this work.


Amongst the other items I think we don't have to share in are - repairs to ceilings in the flats which the freeholders had on rent(this is due to water damage done by one of their tenants - we had to repair our flat after this damage), entry phone (our flat has sperate entrance and we don't use any other part of the building except our flat in basement, repairs to balconies, window frames and glazing, stair carpet, etc. or anything that the council has required the freeholders to do as the landlords of unfit rented accomodation, or anything that is connected with converting besits to or from flat and the sewage, pipework, etc that entails, also we don't want to pay for work that is not common parts to us - we don't ever use the stairs or stairwells or halls. We are prepared to contribute to fire regulation work, roof repairs, downpipes and guttering, sewage pipes, etc. The freeholders want to divide the bill by the number of floors in the building but because of the sewage pipes fire re stuff etc - either removal or installation in their flats (which are or were when we purchased subdivided into bedsits) we feel that the bill should be divided by the number of propertues in the building - this would mean that bill would be divided not by five but by 7 or 8.

We are in contact with 3 very useful officers at the Council. They are happy to help and return my calls and emails.

Can you help us identify how much of this we are responsible for?

Thanks so much

[Deleted User]

Thanks again everyone. I spoke to someone at https://www.lease-advice.org and I am sending copies of lease and all the other gubbins. I feel well enough informed to have some grasp of what is being said to me. Haven't managed to get hold of the nice man from the local authority yet but have left him messages and my sincere thanks. Its all very stressful isn't it? Maybe I am a whimp but I think I could do with a break when its all sorted