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help..what is happening here?

2

Comments

  • starlite_2
    starlite_2 Posts: 2,428 Forumite
    Last night I called on as many neighbours as were in to see if they had put their house on the market, but no one has that i have spoken to.
    Also called the land regisry and they say they cannot disclose any information over the phone, but we can purchase a copy of our lease which must be sent by recorded delivery to our address (fair enough for data protection i guess, but we shouldn't have to be losing money on this!)
    I really can't afford a solicitor at the moment as I am just about to start a new job so will have an extended wait for my next pay, but luckily my cousin is a lawyer..he is on holiday at the moment but I will get him to review the situation and advise me as soon as he's back.
    Thanks for all your advice..I feel like I'm being silly, but I have other things to worry about in my life at the moment and this seems like an assault on my sense of security in our home.
    Membre Of Teh Misspleing Culb
  • starlite_2
    starlite_2 Posts: 2,428 Forumite
    but on the plus side of things at least we know if we need to move we will get a great price for it, eh!?
    Membre Of Teh Misspleing Culb
  • trafalgar_2
    trafalgar_2 Posts: 22,309 Forumite
    10,000 Posts Combo Breaker
    but on the plus side of things at least we know if we need to move we will get a great price for it, eh!?
    that's it,look on the bright side .......and he can't make you do anything you don't want to :D
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Also called the land regisry and they say they cannot disclose any information over the phone, but we can purchase a copy of our lease which must be sent by recorded delivery to our address (fair enough for data protection i guess, but we shouldn't have to be losing money on this!).

    The original lease document belongs to you, and when you come to sell the flat you will need to pass it on. If you don't have it, then the chances are that it is held by your mortgage company. It is worth phoning them and asking for a copy, there may be a charge for photocopying, but hopefully not as much as the land registry charge.

    I am also confused by your comment that you don't pay ground rent. It is normal for flats to be leasehold, and it is normal for a small annual ground rent to be paid to the owner of the freehold (ie the landlord). If the ground rent isn't paid there can be enormous penalties so it is worth checking the lease document to make absolutely certain that there is no ground rent payable.

    Also, who is responsible for maintenance of the common parts of the building? Do you pay a maintenance charge? If so, the management company will probably know who the landlord is.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • starlite_2
    starlite_2 Posts: 2,428 Forumite
    when we bought the flat it was a different leaseholder, so maybe the mortgage company would have an out of date one..i'll look into it
    as for ground rent, i assumed that it wasnt always payable..so once again something i will have to look into.
    Our flat only shares an entrance hall with two others so we take turns to clean it, and we were the ones that refloored and decorated it, so no need to be paying for maintenance really.
    Membre Of Teh Misspleing Culb
  • Fran
    Fran Posts: 11,279 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    Hi ami,

    As someone has suggested get this checked out. Hopefully your cousin can inform you (free?!!!).

    It sounds like it's his friends/family that are trying to get hold of your flat, but you shouldn't be harassed like this, the police idea sounds ok but I can't see people hanging around waiting for them to turn up! If people turn up again ask them for their name address phone number and see if you can get their info.
    Torgwen.......... :) ...........
  • Pal
    Pal Posts: 2,076 Forumite
    when we bought the flat it was a different leaseholder, so maybe the mortgage company would have an out of date one..i'll look into it
    as for ground rent, i assumed that it wasnt always payable..so once again something i will have to look into.
    Our flat only shares an entrance hall with two others so we take turns to clean it, and we were the ones that refloored and decorated it, so no need to be paying for maintenance really.

    What about the walls, roof, pathways, any garden areas (however small), water and sewage pipes etc etc? Who is responsible for maintaining them?

    You need to get a copy of your lease asap.
  • dougk_2
    dougk_2 Posts: 1,403 Forumite
    The lease held by the mortgge company won't be "out of date" - With the exception of the name and address of the leaseholder will be the same - certainly the terms and conditions.

    Why not contact your old landlord (Freeholder) he should be able to provide you with the contact details of the person he sold to. You should also have been notified in writing of this change.
  • starlite_2
    starlite_2 Posts: 2,428 Forumite
    Okay..a few updates..all good news.
    My cousin says the leaseholder has absolutely no right tobbe trying to force us out of our flat, as i knew anyway!, but if we can get proof of him harassing us in any way we would have a case against him.
    I am loathe to get into such a thing really as I don't want to sour our relationship with him to the extent that he starts causing us real problems.
    I have spoken with a neighbour after noticing a for sale sign had gone up on the front of our building, and she is indeed selling up. The estate agent said they had thought there were two properties for sale in the building, including ours (!?) so had been sending people out to view and telling them so. I have put them straight on that one..it's a little odd..i'm not sure if it was a genuine error or if the landlord had been involved in some way...
    I have now obtained his details anyway and sent him a letter by recorded delivery demanding a copy of our lease and politely reminding him he has a legal obligation to provide one.
    So at the moment , no real worries!
    Membre Of Teh Misspleing Culb
  • rchddap1
    rchddap1 Posts: 5,926 Forumite
    Its good to hear that things are looking okay for you at last.
    Baby Year 1: Oh dear...on the move

    Lily contracted Strep B Meningitis Dec 2006 :eek: Now seemingly a normal little monster. :beer:
    Love to my two angels that I will never forget.
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