Freeholder rip off

propertyman

Propertyfan wrote: »

You can't own your flat and be the leaseholder. To own the flat you have to be a private freeholder or, as is the case with most flats, own a share of the freehold. .

Propertyfan thats just blithering nonsense, sorry:)
Its caused by importing foreign terms, invented by us but corrupted by the colonials.

A person who owns a flat has a long lease ( any lease over 21 years) and is known as the leaseholder ie they hold a lease.

The person who gets the propertty back at the end of that lease is the reversioner, called the landlord, and may own the freehold or a longer lease than the resident flat owner, or head lease of the building.

No such thing as share of freehold its either
leasehold freehold or commonhold,

propertyman

CaPPsiE wrote: »

I have spoken with the managing company/agency and they said the 'common parts' for converted houses - i.e. flats (one up, one down) - has always been a grey area.

I am sorry to disabuse you but that reply to you is nonsense.:(

If the entrance and any stairway are shared with another flat owner and open to anyone to use, then they are subject to those requirements by the landlord of that area.

In most cases that will be the landlord of the building, however if that areas is within your demise ( what your lease says that you own) or that of the upstairs flats and either has rights over it, then the burden falls on you/or upstairs as the landlord.

While a competant person can carry out an assessment of the area for the purposes of a workplace, I doubt that they can do so for Fire or for Asbestos.

Whatever the badly out of date and ill informed agent says the only person who has to do this is the landlord, you upstairs of that of the building, even if you arrange it on their behalf.

http://arma.org.uk/leasehold-library/document/health-safety/pages/1

So you can see its a question of reading your lease to see who is responsible, there is no grey area.

If the LL arranges it and recovers it as service charges it can only be re billed as and when the lease allows

ElvisPresleysCat

That is clear-cut indeed. I liked the jibe about the colonials too. Very droll.

I suspect the landlord in this case makes a few quid out of such schemes. However, how much is added to the actual quoted work remains a point of contention.

I have also spoken with the other tenant. We will both arrange for a qualified and proficient person to carry out said assessments and a more reasonable price i.e. less than the deficit of a small colonial protectorate.

I wonder how much the agencies (and agents therein) actually do know; but whether they are misinformed or simply trained to be, shall we say, 'flexible' with the truth, remains a mystery.

Thanks!
Adam.

propertyman

As you can see from the briefing ARMA make these available to all. More detailed guidance is available to members and I suspect your agent is not a member firm........

Sadly there are too many chancers out there but neither goverment of any colour will support licencing and regulation which we in teh sector want.

Fraise

Propertyfan wrote: »

You can't own your flat and be the leaseholder. To own the flat you have to be a private freeholder or, as is the case with most flats, own a share of the freehold. This is when you have a very long lease (often 80 years or much more). If you have a share of the freehold you have to abide by the wishes of the management company so I think you may have to accept their demand for an inspection. If you don't accept their demand you should put it in writing to the company and get legal assistance but that could entail legal costs higher than the cost in letting them do the inspection!

What about the Citizens Advice Bureau?

http://www.citizensadvice.org.uk/index/getadvice.htm

Might be worth contacting them. It's free.



Get their advice and if it's helpful to your dispute, mail/email their comments to the company running your block.

A lot of very wrong information in there

The OP DOES own his flat by way of his lease.

And freeholders with a share of the FH also own a lease.

If co-freeholders who all own a share of the freehold form a company (as most tend to do) they own a share of the company, that owns a share of the freehold. When they form the company it is called a management company, so when you put:

. If you have a share of the freehold you have to abide by the wishes of the management company

that is completely wrong. If you have a share of the freehold there is no management company. And if the joint freeholders form their SOF into a management company they will not be enforcing wishes upon themselves. The freeholders ARE the management company. I think you're mistaking a managing agent for a management company. An agent can be employed by the freeholder of, say, a few block of flats that have lots of communal areas and need managing, but a management company that owns just two or a few flats would not need an agent t carry out maintenance. That would be as crazy as a householder paying an agent to arrange plumbers/gardeners etc to come round and do work for them.

propertyman

Fraise wrote: »

A lot of very wrong information in there
.

But fraise sorry but so does yours.:rotfl:

A company owns the freehold, a flat owner has a share or is a member of that company.

The term management company is often confused with the managing agent as the former is a company that is often a party to the lease and carries out the FH's functions and is owned by the residents. That term can also be used for the company if it owns the freehold.

Fraise

propertyman wrote: »

But fraise sorry but so does yours.:rotfl:

A company owns the freehold, a flat owner has a share or is a member of that company.

The term management company is often confused with the managing agent as the former is a company that is often a party to the lease and carries out the FH's functions and is owned by the residents. That term can also be used for the company if it owns the freehold.

But that's exactly what I said in my post :shocked: