service charges leasehold flat

Jeffrey_Shaw

westv wrote: »

They can be a nightmare to sell but I think I'd rather have a freehold flat with a proper service agreement for the common parts than your brother's leasehold flat situation!

NO! Not a freehold flat. That way madness lies.

The ideal is a leasehold flat accompanied by joint ownership of the building's freehold reversion.

westv

Jeffrey_Shaw wrote: »

NO! Not a freehold flat. That way madness lies.

The ideal is a leasehold flat accompanied by joint ownership of the building's freehold reversion.

No, the ideal is any place where the neighbours are pleasent, maintenance is properly sorted, the service charge is reasonable for what is done and there's a good sinking fund is in place!

propertyman

westv wrote: »

No, the ideal is any place where the neighbours are pleasent, maintenance is properly sorted, the service charge is reasonable for what is done and there's a good sinking fund is in place!

And joint ownership of the freehold, WITH an accompanying agreement on how to manage affairs and resolve disputes, often creates that.

This guide explains a lot

http://www.lease-advice.org/documents/Living_in_Leasehold_Flats.pdf

Richard_Webster

Quote:
Originally Posted by westv
No, the ideal is any place where the neighbours are pleasent, maintenance is properly sorted, the service charge is reasonable for what is done and there's a good sinking fund is in place!
And joint ownership of the freehold, WITH an accompanying agreement on how to manage affairs and resolve disputes, often creates that.

This guide explains a lot

http://www.lease-advice.org/document...hold_Flats.pdf

The more agreements you have the better, because they clarify people's responsibilities, but you do have to understand that sometimes it can be very expensive actually to enforce any lease terms of any other agreement and THAT is where the main problem often lies.

So the scenario we often see on forums is along the lines of "[Some legal document] says X should do or pay for Y, but he won't. What can we do about it?"

Reply: "Take him to court/LVT...."

Response: "I don't want to do that because it is very expensive...."

So often the point is trying to find ways of dealing with potential problem situations in the first place where it is less likely that a resort to the courts will be the only realistic option.

Sometimes, making sure that terms are inherently reasonable in the first place helps, but even this doesn't always solve it because some people will always be awkward.

A wise precaution is never to walk into a situation where there is any suspicion that the others involved are going to be difficult, because legal remedies are all very well, but cause stress, take time, and can be very expensive.

propertyman

Richard_Webster wrote: »

The more agreements you have the better, because they clarify people's responsibilities, but you do have to understand that sometimes it can be very expensive actually to enforce any lease terms of any other agreement and THAT is where the main problem often lies.

So the scenario we often see on forums is along the lines of "[Some legal document] says X should do or pay for Y, but he won't. What can we do about it?"

Reply: "Take him to court/LVT...."

Response: "I don't want to do that because it is very expensive...."

So often the point is trying to find ways of dealing with potential problem situations in the first place where it is less likely that a resort to the courts will be the only realistic option.

Sometimes, making sure that terms are inherently reasonable in the first place helps, but even this doesn't always solve it because some people will always be awkward.

A wise precaution is never to walk into a situation where there is any suspicion that the others involved are going to be difficult, because legal remedies are all very well, but cause stress, take time, and can be very expensive.

A growing area of our business is to use arbitration clauses, partly as the lvt take forever in some areas, and to suggest/provide mediation. As blocks are peoples homes and people have some very odd ideas, rational decisions are complicated by personalities.

I cant recall that any one ever said that justice is or was free

la_farfallina

Thank you all for your comments. They have given me lots to think about.

Farf x