shared freeholder/leaseholder opened up roof space sans permission, now plans to sell

japonicaf

I am the leaseholder of a flat in a Victorian conversion in London, in which I also have a share in the freehold, and am secretary of the company we set up to manage the house when we bought the freehold. The guy who moved into the top floor flat above my flat 12 years ago has in my view been highly irreponsible, carrying out all his structural alterations without getting written permission from our company contrary to the lease. He has been very secretive about what he has actually done up there. It has now come to my attention that he opened up the roof space, although his lease gives him ownership of the flat only up to the level of the prevous ceilings. The joists above the ceiling do not, according to the lease, count as part of the flat. The guy is now plannning to sell his flat, and I feel he has diddled me (and the others who like me have a a share in the freehold) out of the marriage value - difference between the value of the flat as it would be without the opening up of the roof space and with. I also think he has not put in decent insulation; my flat below his seems colder than it was in winter. The trouble is he probably opened up the roof space as long ago as around 10 years ago. It was a combination of his intimidating personality, lethargy on the part of the company (the owners of three of the five flats live abroad and rent them out), and his failure to present plans and ask for our permission for works that led to this situation. Any hope of our recouping the marriage value at this stage or would attempting this get us involved in costly litigation?

G_M

How many flats/freeholders? Is it 'you Vs him' or are thereothers? If others, what are their views?

You need legal advice. You might start with leaseadvice here for info, or contact them.

I believe any buyer will need confirmation from the company that there are no disputes, that the service charges etc are up to date. As secretary, these enquiries should come to you, but if no dispute has been instigated you would not be able to say there is one.....

japonicaf

There are five flats, three of which are owned by a couple who rent them out, live abroad and take very little interest in company affairs, which I find extraordinary. If they find out that we have possibly been robbed (that's how I see it) by the "secret" and illicit opening of the roof space, maybe they will be galvanised. Though I don't know we could get some of the marriage value. This concealment of unauthorised work by upstairs guy is I think the pits. Cheating.

ValHaller

Initiating legal action may be a way to go. It gives him a legal dispute he has to declare if he wants to sell.