Leasehold Concerns

bigalxyz

Hello forum,

Bought a flat in London in 2004, leasehold. I still own it. It's a flat conversion, part of a big old Victorian house.

I'm in dispute at the moment with the property management company (who take a service charge/ground rent from me each year) over some maintenance aspects of the building.

In order to clarify some of this stuff I decided I needed to check the leasehold agreement. When I checked my records I didn't have a copy of this. I went to the Land Registry website but the only leasehold agreement they seem to have was signed by the *previous* leaseholder in 2001.

I've been in touch with my mortgage lender to ask if they have a copy of the leasehold agreement, but they have the same one ie signed by previous leaseholder in 2001.

I'm puzzled by this. What evidence is there that I actually own the place?! I'm concerned that the conveyancing solicitors who handled my purchase may have messed something up. Does anyone know about this stuff please?

Thanks,
Alan.

££sc££

The one signed by the previous leaseholder most probably is your lease. Most often the incoming lessee assigns the remaining years on the lease that's for sale. I doubt there's a problem but to satisfy yourself, are you the registered proprietor at Land Reg?

G_M

So it was a new lease issued in 2001? For (say) 99 years? (or however long).

When you bought, that is the lease you bought. If you bought in (say) 2011 (10 years after the lease was created), then you bought a lease signed by the original lessee in 2001, with 89 years left.

You did not get a brand new lease so would not have signed one.

bigalxyz

Thanks both. Yes, new 125 year lease in 2001. I bought in 2004.

To ££sc££: how do I find out if I'm the "registered proprietor"?

A number of problems with the building - external painting, a problem with the garden wall, a damp internal wall, etc. - I guess I'll scrutinise the wording of the lease agreement which hopefully will define who has responsibility for what.

G_M

bigalxyz wrote: »

Thanks both. Yes, new 125 year lease in 2001. I bought in 2004.

To ££sc££: how do I find out if I'm the "registered proprietor"?

.

£3 to the Land Registry here. Buy the 'leasehold Title' not the 'Freehold'.

G_M

bigalxyz wrote: »

A number of problems with the building - external painting, a problem with the garden wall, a damp internal wall, etc. - I guess I'll scrutinise the wording of the lease agreement which hopefully will define who has responsibility for what.

Almost certainly the external painting and the garden wall will be the freeholder's responsibility to arrange. The costs (probobly) will be passed on to the leaseholders in some percentage.

The damp will depend on the cause.

If the cause is, say, a leaking roof, or blocked gutters, that will probobly be the freeholder. If the cause is condensation from internal use (cooking, showering, drying washing on radiators) with insufficient ventilation, then that will be your problem.

So you may need to identify the cause of the damp.

bigalxyz

Thank you.

Agreed on external painting - I'm pretty sure the freeholder is responsible for that.

Garden wall less sure - mine is the only flat that has use of the garden, so the freeholder is arguing that the wall is in some sense "mine". He might be right, or not. Hopefully lease will clarify (I guess I'd better read it!).

Damp is affecting an internal brick wall - constantly wet and causing damage to a section of drywall that was built around it. It looks to me as if it's coming up from below ground level ie rising damp from the earth below the house (and there are signs of previous damp repair work as well) but freeholder believes it's condensation (well he would, wouldn't he?!). I think he's wrong. I may get a surveyor in to have a look and write a short report (£££). I think it would be easier to persuade the freeholder to stump up for the repairs if I have a professional opinion to present to him.

G_M

So you have the ground floor flat?

Rising damp is very rare. Some argue it does not exist except in the minds of the damp proofing industry!

You say it's an internal wall? So the damp cannot be penetrating from outside eg from raised ground externally?

Then the damp must either

* be coming down from above (leaking pipe/bath?)
* be coming up from below (see my comment above!)
* be coming from inside the wall itself (again, leaking pipe?)
* be coming from inside the flat (condensation)

Process of elimination.

Do NOT get a free 'survey' done by a damp proof company - they will inevitably diagnose....... need for a new damp proof course.

bigalxyz

Thanks. Yes, basement flat.

I originally thought there might be a leaking pipe somewhere but I had a plumber round to have a look and he said there's no sign of any pipes near or in the wall.

I don't think it's condensation. The bathroom isn't in use at the moment so there's no steam around the place. There's no condensation anywhere else in the flat. Also when I first opened up the partition to expose the brickwork, it was wet through. Being exposed to the warm dry air inside the flat actually helps dry it out.

The bottom 3 feet or so of the brickwork has been rendered (untidily) at some point in the past and there's a row of holes about half an inch in diameter along the bottom of the wall. A handyman friend of mine said these are both signs of previous rising damp problems although he hasn't actually inspected it himself so I can't take that as in any way definitive.

Bit of a mystery really. I've left the wall exposed to the air for the last year or so, which keeps it fairly dry most of the time, but obviously it looks a bit of a mess! And I want to get the problem sorted before I do some other works around the flat (new bathroom suite, new flooring in the hallway, etc.).

Freeholder himself made the point about free surveys done by damp proofing companies being a waste of time/con and on that point I think he's probably right.

I've dithered for a long time - all kinds of reasons including poor health. Ought to get it nailed soon really.

tomtontom

Keep in mind that any works carried out by/ on behalf of the freeholder will be passed back to you (and the other leaseholders, depending on the work to be done), and the work will be done at massively inflated prices. For the more minor elements I would cost up doing it yourself.

As an example, our management company wanted to paint the front door - at a cost of £120. It didn't need doing but I did it myself, just to get rid of them - cost a tin of paint. Be careful that you don't expose yourself (and your neighbours) to some hefty bills.

AdrianC

bigalxyz wrote: »

The bottom 3 feet or so of the brickwork has been rendered (untidily) at some point in the past and there's a row of holes about half an inch in diameter along the bottom of the wall. A handyman friend of mine said these are both signs of previous rising damp problems although he hasn't actually inspected it himself so I can't take that as in any way definitive.

They're both signs of somebody having had damp-related work done at some point in the past. That's not necessarily the same as being signs of a previous problem, especially not with "rising damp".