Ragsie.

Ragsie

i am held prisoner by 2 leaseholders!
I am a freeholder of a property where I own 1 flat where I live. The other 2 are rented out by 2 separate leaseholders. Our lease are defective and my attempts at varying the worst clauses have failed because the 2 leaseholders don't care: they don't pay ANY service charges and there is no provision for me to recoup solicitors fees.
For the last 7 years I have applied to the LVT but because we had agreed at mediation, even though the leaseholders did not follow that through, there was nothing more the LVT could do. I have tried and failed to sell my flat because the building insurance clause is defective, even though I insure the building and the buyer's lenders refused to lend. One leaseholder has served me with a Notice 42 because she wants a 90 years extension on her lease and I am told by a lease extension expert that I cannot refuse, even on the basis of such defective clauses.
I am stuck, unable to sell my flat. Even if I died, my children would not be able to sell my property. I have written to the mortgage lender of one of them as the same rule should apply to her, specially as her lease has only 70 years left but they wrote to me asking me to mind my own business!
It is a real nightmare and I am sure I cannot be the only freeholder in this situation. I feel the law is a joke.

zarf2007

Ragsie wrote: »

i am held prisoner by 2 leaseholders!
I am a freeholder of a property where I own 1 flat where I live. The other 2 are rented out by 2 separate leaseholders. Our lease are defective and my attempts at varying the worst clauses have failed because the 2 leaseholders don't care: they don't pay ANY service charges and there is no provision for me to recoup solicitors fees.
For the last 7 years I have applied to the LVT but because we had agreed at mediation, even though the leaseholders did not follow that through, there was nothing more the LVT could do. I have tried and failed to sell my flat because the building insurance clause is defective, even though I insure the building and the buyer's lenders refused to lend. One leaseholder has served me with a Notice 42 because she wants a 90 years extension on her lease and I am told by a lease extension expert that I cannot refuse, even on the basis of such defective clauses.
I am stuck, unable to sell my flat. Even if I died, my children would not be able to sell my property. I have written to the mortgage lender of one of them as the same rule should apply to her, specially as her lease has only 70 years left but they wrote to me asking me to mind my own business!
It is a real nightmare and I am sure I cannot be the only freeholder in this situation. I feel the law is a joke.

Can't you go back to the LVT and say the mediation has been tried but failed? They must be able to take this on in that case.

agrinnall

Surely this issue existed when you bought your flat? Why didn't your solicitor at the time point it out and advise you not to complete without it being resolved?

Ragsie

Yes the issue existed all along but 1) my solicitors did not inform me of any problems, 2) I was new to this game of leasehold/ freehold and 3) my building society who lend me a mortgage did not raise any such question.
I can probably make a new application to the LVT but it takes about 1 year, is costly if I instruct a solicitor or a nightmare to do on my own ( 6 dossiers of documents have to be provided )and because I am the Freeholder there is a bias. I am still considering this as my only option. I am also considering writing to the leaseholders to tell them that I shall no longer declare their interest when I renew the building insurance ( stupidly I did) and because it their responsibility under their lease to do so, even so it is not valid as they are leaseholders, I shall also inform their mortgage lenders.
Any body any good at writing such a letter?

zarf2007

As the freeholder can't you just write to the leaseholders and say "from x date your service charge will be £100 per month" and if they fail to pay write to their lenders saying you want x amount outstanding and the lenders will pay you and add it to their mortgage loans.

That should get their attention to allow you to do anything you want.