Live in leaseholder&Property Manager

Tabp2016

Hello,

I was wondering if anyone can offer advice on a live in leaseholder who is also the property manager and tradesman.

The individual renovated a building and created four flats. Two are leaseholders, one is themselves and another is still being renovated.
When we bought the flat we were informed of ongoing legal disputes with the the leaseholder over work to the flat that was deemed necessary, as to not cause damage to other parts of the building.
This was paid for by the previous tenants after a lengthy dispute in court and is still being finished. The leaseholder does this work themselves.
We are increasingly becoming frustrated with the requests they are making, whether it is demands for money to complete jobs (such as gravel and building sheds) or access to the property. The ongoing works have been going on for a year now, causing disruption to our lives and an intrusion on our privacy. The leaseholder has now demanded we pay for more work as it will damage their property, almost stating it is a legal matter. They have also stated that the sinking fund will be increased by 50 then 100 extra a month to cover 'essential' work. We are now in no financial position to keep paying these demands.
I am being cordial to them but am becoming increasingly aware that we are now starting to say no and this may get taken further by the leaseholder if they feel annoyed.
I would love to find out our legal rights as to changing property management companies, costs and even how we protect ourselves from legal claims. The individual discussed has the property as a full time job and I cannot help but think we are funding their hobby.

If anyone can help with some advice or experience of maybe petitioning with the other leaseholder to change property management, or anyway we can start to protect ourselves I would greatly appreciate it. They also are causing major smoke smell issues in our flat too in a totally seperate grievance!

Really starting to feel stressed with their constant contact and requests, it has ruined our first home together.

Thanks

G_M

I asume you mean 'freeholder'?

You, I assume, are the leaseholder of one of the flats.

If you are going to try to seriously intervene or get involved, you really need to strt understanding who the various parties are, and what their rights are.

What about the 3rd leaseholder? Have you spoken to them? Are they happy?

Have you considered taking over the management of the property under RTM?

AdrianC

All four flats are leasehold.
The freeholder happens to also be a leaseholder of one of the flats.

Is there a property manager involved? It doesn't sound it. Adding one will only add to costs.

You need to read your lease, to find out what it states.

Putting money into a sinking fund is a good thing - like putting money into a savings account. When the work is needed, the money comes out of the savings account, rather than you having to be tapped up all in one go.

Tabp2016

Apologies, yes, I am a leaseholder and they are the freeholder.

The 3rd leaseholder is not happy also but for an easy life often says yes to demands.

He is the management company also, is it expensive to take over this?

We have asked for a written confirmation of what needs doing for the recent monetary demand and have now received an abusive message, almost threatening action for future damage.

I fully understand the sinking fund is vital but such dramatic increases, without evidence seems unreasonable.

G_M

Tabp2016 wrote: »

...

The 3rd leaseholder is not happy also but for an easy life often says yes to demands.

He is the management company also, is it expensive to take over this?

The 3rd leasholder 'is the management company'?

If not, see the link provided!

Have you considered taking over the management of the property under RTM?

Tabp2016

The freeholder is the management company, neighbour and adamant to do all the repair work themselves!

Apologies for the confusion, difficult to explain. Basically.

Flat 1- freeholder, management company, repairman
Flat 2 -leaseholder
Flat3- leaseholder

G_M

So if 2 leaseholders get together they could instigate the RTM process.

dc197

It's not that complicated to explain.
Read your lease to refresh yourself on your rights and obligations.

agrinnall

G_M wrote: »

So if 2 leaseholders get together they could instigate the RTM process.

Although it sounds like the freeholder is currently also the leasholder for flat 4, I'm not sure whether that makes it a 2 - 2 draw, or what that means for RTM if it does.

G_M

agrinnall wrote: »

Although it sounds like the freeholder is currently also the leasholder for flat 4, I'm not sure whether that makes it a 2 - 2 draw, or what that means for RTM if it does.

Ah - maybe. I was referring back to post 6 which only mentioned 3 flats.....

Flat 1- freeholder, management company, repairman
Flat 2 -leaseholder
Flat3- leaseholder

Can only suggest OP reads the RTM rules. Again!

Tabp2016

According to our solicitor there's no opportunity for RTM due to freehold regulations.

The 4th flat has been registered as a dwelling since 2013 but they haven't yet sold it. Surely as they own 2 flats out of 4, they should be paying 2/4's of the historic and upcoming maintenance and service charges. All the work they are demanding is on,y adding value to a property they will sell.

We have collared all the correspondence and abusive message, I think we can even go for breach of the peace covenance if it carries on.