Free hold, lease hold, my problems

superastar

Hello everyone

Hope you guys can give me some advice as I really not sure what to do deal with the problem , situation I have .

How to go about to get my leaking bedroom ceiling fix after the freeholder moved out the building and his property is handing back to the bank and the building insurance due to renew by the first of this December.

What will come to me or I will benifit if I have the free hold in my own hand. The freeholder is telling everyone he might give the freehold away free if anyone interested. ( He got the freehold for free from the last freeholder according my next door neighbour info, the building cost too much to maintain , no one willing take it at the time).

My one bedroom leasehold flat is within an Victorian building, it converted into 5 flats, a basement flat, a ground flat, 2 flats on the first floor, one on the top floor, mine is on the first floor , I bought it about one and half years ago. Top floor flat let out as the owner lives abroad.
The freeholder had troubles with basement flat owner which lead to the basement flat owner pay nothing for the maintenance long before I bought mine.
The building has quite poor maintenance even the the rest of us pay the maintenance every month.
My flat s baywindow started a bit of leak after I moved in not long, it gets a new bay window roof replace because the building roof tiles get replace at the same time. Then my bedroom ceiling leaked one night after heavy rainabout 3 weeks ago, the freeholder and his builder checked(according his said) the top floor flat, there are not anything leak on the top floor flat ( it s a sitting room above my bedroom) he will notify the insurance company to get my damaged ceiling fix ( there is a fairly visible watermark and a lump on my bedroom ceiling ), 3 weeks passed nothing happen even I chased the free holder few times,he keeps saying he has chased the insurance, now as he mentioned the building insurance due to re new by the 1st Dec, what shall I do in this situation?

Thanks a lot for all advices

Fire_Fox

Ultimately you need to get all the leaseholders together and take over the freehold, not just one of you. Firstly the freeholder has to offer the title to you as a group although you can nominate one of you to actually take over if you wish, secondly the freeholder has repairing obligations, you may have to fix the building even if the leaseholders don't pay their service charges which means you need capital.

Read your long lease to see what the freeholder is responsible for and what the leaseholders are responsible for, don't assume who is supposed to fix the windows or roof. Write to the freeholder to report all the issues and ask for a copy of the buildings insurance policy and a breakdown of service charge expenditure for recent years.

Read this website thoroughly and have the other leaseholders do the same - the articles on service charges, the LVT, right to manage, right of first refusal and collective enfranchisement.
http://www.lease-advice.org/publications/

propertyman

In this case while he should offer it formally, if you all agree, then there is nothing to stop you taking it on ( assuming there are no loans secured on it) through a small company with one share per flat.

Here is one example http://www.ukincorp.co.uk/s-44-uk-flat-management-company-formation.html

There are alternatives but they take time such as the right to manage or appointing an external manager which puts up your costs with the managers fees.

Some may suggest lets form a residents association however that has no legal authority to do anything, not even insure ( no buts or ifs ).

Find a local solicitor to. help



INSURANCE thats simple; arrange with him to send you the quote and if you have the declared value and the claims history you can get quotes and arrange to insure it in his name and send your cheques to the insurer or broker.

superastar

Thanks a lot, wish I knew this earlier not just when the problems appear.trouble with this building is 4 lease holders ,one doenst pay anything at all, one lives abroad , this will hard to gether everyone together..... I am thinking about to sell once the ceiling got fix....zz

Leaseman_2

How long is your lease and how long are the other leases?