Selling my flat (sold stc) ~ lease issues, help needed

propertyman

teajug wrote: »

In the early nineties there was 2 marionettes where a similar arrangement was drawn up for the conversion for a London property, despite 2 individual leases been drawn up for each leaseholder a head leave was required also by solicitors.

So one wanted that instead.... it does not mean that it is required or necessary. it is dangerous to extrapolate from one single example

These are very common and knowns as Tyneside leases*, and in London and the South east there are literally 10s of thousands of flats with FRI terms split in the middle, horizontally. Many look like inter war semi detached is the second front door or single flight of external stairs that are the give away.

My firm manages several hundred of the latter and we used to have a portfolio in Sheffield of the former.

Richard Webster a member here explains http://www.rwco.co.uk/crossover_leases.htm

G_M

teajug wrote: »

....Get in contact with your council and tell them that you are concern that that the flat above you that is rented out to tenants may not be insured.

I'm afraid this too is pointless. The council will not be in the least bit interested. There is no legal obligation on a property owner (whether leasehold or freehold), OR a landlord, to insure their property.

The only insurance that is required by law is (I think!), car insurance.

Insurance is, usually, a condition of a mortgage, but that is a civil, not criminal, matter. The mortgage lender would have to use the courts to enforce a breach in the mortgage contract. The council would not get involved.

However The Leasehold Advisory Service is a Non Departmental Public Body (NDPB) funded by Government to provide free advice on the law affecting residential leasehold property in England:

http://www.lease-advice.org/

gfplux

Hello kari001,
You say
"His address on Land Registry is the upstairs flat, although he doesn't live there. I've tried telephoning to ask him to fill in the Freehold enquiries form, and have also asked for a copy of his buildings insurance. I've left messages and sent text messages but I've had no response. It's definitely his phone as I recognised his voice on the answerphone..... he is just trying to obstruct the sale for reasons I do not know."

Have you thought he may have other reasons. For example evading council tax where he actually lives, mortgage fraud, etc etc. I am not being dramatic but when all the normal reasons are excluded then the strange have to be considered.
Perhaps checking with the council, talking to the tenant (who should have the landlords address, all trying to squeez the owner to cooperate with you.
You need to push hard now as it will not get better in the future.
Good luck

tim123456789

malcolmffc wrote: »

What is the purpose of a cross cross lease? Sounds like a bizarre arrangement. Why not just own the freehold to your own part of the building?

Because (in England) no-one would ever give you a mortgage on such an arrangement.

I would guess that historically they have done so on these Criss-cross things but now that they are looking not to lend on anything that isn't 100% "safe" they have stopped doing so.

kari001

Hi all........

20+ days on from my last post and I am still waiting.

Although a few of the queries have been addressed. The one remaining obstacle is the Freeholder Enquiries form.

The other freeholder provided a copy of his buildings insurance, which I sent to my Solicitor. But for some reason he is still withholding the form he is required to sign.

I got fed up trying to get him to fill it out for me so I gave his number to my Estate Agent and they contacted him. He requested that they email a copy of the form over, which they did. He is now not answering calls from my Estate Agent & hasn't returned the form.

Within the form the buyers solicitor was requesting copies of the FRA and Asbestos survey ~ neither had been done. I agreed that I would get the FRA arranged for the common parts if he would sort the asbestos survey out. He was reminded that this was a legal requirement...... He is now refusing to pay for the Asbestos survey and so it has not been released.

I have said that again I will pay for the Asbestos survey if he can guarantee that the freeholder enquiries form will be sent and signed......

Since this 10 days ago ~ Nothing!

The buyers have had their mortgage agreed, everything else has been sorted, but this man is obstructing the sale of my flat!

This stressful situation is causing an exasperation of my illness and I really want to move and start to regain my health. But it feel like I'm trapped here because of his obstruction of the sale.

Why would this man want to obstruct the sale of my flat? :mad:

Slinky

kari001 wrote: »

Why would this man want to obstruct the sale of my flat? :mad:

Perhaps he is hoping the sale falls through and that may give him an option to buy it from you cheap as your only option as you've shown him you are desperate to get out?

kari001

I've already offered it to him cheap Slinky. When I first got of hospital and decided to sell I rang him and offered. He said he would see what he could do (I presume he meant getting the money together) and then he rang back a week later and said that he's not in a position financially to buy...... Even though I was offering it at 30% below market value and he also knew the amount of work/money I'd put into the place ~ even sorting out things myself that were meant to be 'our' joint responsibility.

He's really going to have shot himself in the foot if any major work needs doing i.e the roof etc. As I'm not going to be in anyway capable of forking out my share for repairs as I'm now a single.... (disabled) woman with no disposable income (hence my reason for wanting to sell)

Richard_Webster

I am fascinated to know what is in the Leasehold Enquiries Form. With a typical criss-cros slease set up there will be hardly anything that the freeholder will need to provide.

Insurance will be the lessee's responsibility as will repairs and maintenance. There should be no common parts and therefore no asbestos or fire safety surevey should be needed. The only thing I can think of is to get the freeholder to confirm that there have been no breaches of any of lessee's covenants.

Unfortunately some buyer's solicitors send a one size fits all management questionnaire with every conceivable question that anyone could ever think of asking a freeholder/managaing agent regardless of whether relevant in the particular case. This could be part of the problem here.

kari001

We do have one small hallway which we all have use of Richard. I have now paid for the asbestos survey. As far as Leasehold Enquiries form is concerned I have also completed that & it's now in the hands of the buyers solicitor.

As you say most of the questions were N/A. In one of the boxes that asked for further relevant information I added Criss-cross Lease ~ Peppercorn rent.

They now have everything they need to proceed, so fingers crossed it should all go through without any further problems.

Thank you all for taking the time to answer.

propertyman

Richard_Webster wrote: »

1 There should be no common parts and therefore no asbestos or fire safety survey should be needed.

Unfortunately some buyer's solicitors send a one size fits all management questionnaire with every conceivable question that anyone could ever think of asking a freeholder/managing agent regardless of whether relevant in the particular case. This could be part of the problem here.

1 Well not always the case as in this building one demise relies on the other demise, the GF supporting the FF.

2 I agree; that's why for the few buildings I still do the day to day I always send back a ridiculous fee request and ask them to craft their request. If they arent paying attention to these, then they likely aren't truly aware of what their client is buying and advising them accordingly,