We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
HELP-return of freeholder ripping off leaseholder
![[Deleted User]](https://us-noi.v-cdn.net/6031891/uploads/defaultavatar/nFA7H6UNOO0N5.jpg)
[Deleted User]
Posts: 738 Forumite
Had good advice from you guys to contact LEASE - which I did and sent off all my lease, repair consultation and proposed biil' freeholders signed note under solicitor's 'management enquiries' (where he said he would be 'carrying out decorations at no cost to purchaser' - which heavily influenced our decision to buy, etc.
For background - please see my threads on this board around 4th - 7th November - where I started off VERY ill informed and have gradually got better - ish.
Had/had potential buyer for flat who then offered much less due to these problems. We are talking of a fifth share of a £58, 000. we were hanging in for a response from lease which came today - after we turned down an offer of £12,500 less than our original asking price - we are talking of smallish sums here - the purchser offered £70,000. So it was a substantial % less and no guarantee that wouldn't drop out once he got all the paperwork. We have got a tenant now who moves in on Monday - so we won't be losing as much in the interim.
The letter from lease says:
Thanks for your letter of 7th Nov which I have considered with my colleague together with your emails.
Your rights and obligations are governed by your lease. Service charges are dealt with in 6th Schedule, the contribution being one fifth of the total costs of including those incurred by the landlords in complting with its obligations in pars 2,3,4 and 5 of 4th Schedule. These cover such items as the repair of roofs and foundations, exterior decoration and cleaning/lighting of communal areas.
The lease represents the bargain you struck up with the landlord when you took it on 3 years ago. As such, it freezes the extent of your contribution at one fifth however much of a disparity this creates in terms of the value or respective dimensiions of flats.
Following the service of two repair notices by the council the consultation procedure was invoked by the landlord. You have kindly sent me copies of the paragraph B statement and accompanying notice both dated May this year. There is a reference to a Notice of Intention issued 21st June 2005 although this is not with the papers.
Judging by the material in front of me there are no points to take on compliance procedure. (1)This does not of course mean that the costs could not be subject to a challenge at the LVT under Section 27a of the Landlord and Tenant Act 1985. Persuasive evidence is the key to succeeding and whilst each case turns on its own facts an idea of how these issues are approached can be gained by looking at the numerous decisions posted on our website.Turning to the 'management enquiries' presumablythese came from authorised representative of the landlord at the time you were buying the original lease in 2003. These reveal no 'proposed' substantial expenditure in the near future causing the service charge to increase but states that decorations 'are planned in next two years for which the buyer will not be charged.. .
Anyway, so as not to bore you all to death - with my major panic - I will carrying on with the other paragraph of this for anyone whose interested.
I would be interested in (1) Because I don't understand and I don't understand the legal language in the cases.
Also I am interested in this - we are talking about a basement flat with its own seperate entrance. In our contract it specities 'common areas' the only are that we share with other occpants is the pathway to the front door and the forecourt. Do we have to contribute to 'common areas' which are NOT common to us?
I am in a flap - sorry. Just out of hospital - last thing I need. Violins! Apologies
For background - please see my threads on this board around 4th - 7th November - where I started off VERY ill informed and have gradually got better - ish.
Had/had potential buyer for flat who then offered much less due to these problems. We are talking of a fifth share of a £58, 000. we were hanging in for a response from lease which came today - after we turned down an offer of £12,500 less than our original asking price - we are talking of smallish sums here - the purchser offered £70,000. So it was a substantial % less and no guarantee that wouldn't drop out once he got all the paperwork. We have got a tenant now who moves in on Monday - so we won't be losing as much in the interim.
The letter from lease says:
Thanks for your letter of 7th Nov which I have considered with my colleague together with your emails.
Your rights and obligations are governed by your lease. Service charges are dealt with in 6th Schedule, the contribution being one fifth of the total costs of including those incurred by the landlords in complting with its obligations in pars 2,3,4 and 5 of 4th Schedule. These cover such items as the repair of roofs and foundations, exterior decoration and cleaning/lighting of communal areas.
The lease represents the bargain you struck up with the landlord when you took it on 3 years ago. As such, it freezes the extent of your contribution at one fifth however much of a disparity this creates in terms of the value or respective dimensiions of flats.
Following the service of two repair notices by the council the consultation procedure was invoked by the landlord. You have kindly sent me copies of the paragraph B statement and accompanying notice both dated May this year. There is a reference to a Notice of Intention issued 21st June 2005 although this is not with the papers.
Judging by the material in front of me there are no points to take on compliance procedure. (1)This does not of course mean that the costs could not be subject to a challenge at the LVT under Section 27a of the Landlord and Tenant Act 1985. Persuasive evidence is the key to succeeding and whilst each case turns on its own facts an idea of how these issues are approached can be gained by looking at the numerous decisions posted on our website.Turning to the 'management enquiries' presumablythese came from authorised representative of the landlord at the time you were buying the original lease in 2003. These reveal no 'proposed' substantial expenditure in the near future causing the service charge to increase but states that decorations 'are planned in next two years for which the buyer will not be charged.. .
Anyway, so as not to bore you all to death - with my major panic - I will carrying on with the other paragraph of this for anyone whose interested.
I would be interested in (1) Because I don't understand and I don't understand the legal language in the cases.
Also I am interested in this - we are talking about a basement flat with its own seperate entrance. In our contract it specities 'common areas' the only are that we share with other occpants is the pathway to the front door and the forecourt. Do we have to contribute to 'common areas' which are NOT common to us?
I am in a flap - sorry. Just out of hospital - last thing I need. Violins! Apologies
0
Comments
-
...to continue
There is a legal concept known as promissory estoppel wherby if a clear and unequivocal promise is made to someone who acted on it or at least altered their position in reliance on it whoever gave the promise cannot go back on it and insist on their legal rights. . . .
I trust the above is of assistance and if there is any particular aspect of your matter you wish to discuss please contact me on my direct line.
Which is what I am trying to do do right now and asking if it is in order to make an offer based on a fifth share of what we are responsible for - also I'm not just gonna send acheque - I need an absolute proof he will use the money to carry out the work.0 -
sorry to be nuisance - have been beside myself - my life is a bit like this right now
0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.4K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.4K Spending & Discounts
- 247.3K Work, Benefits & Business
- 604.1K Mortgages, Homes & Bills
- 178.4K Life & Family
- 261.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards