Service charge issues in leasehold flats

Jox

Thank you Mokka

Hoploz

Jox wrote: »

That explains why the top floor may not pay for their services? I did say earlier that the top floor was built 5 yrs ago.

No ... It explains why the share in the leases of the original flats is between the 42 not the 48 ... Because the leases on the existing flats predate the building of the top floor. Sorry I missed that in the first post, it was much clearer at post 26.

(I didn't actually say anything sarcastic.)

Look, you have two queries here.

1) why aren't the top floor paying
2) can I sell my flat as it is

Basically, you are likely to be able to sell with the lease as is, as tbh I think you've been a bit unlucky in this being brought up by this seller/their solicitor. If it is scaring them off then you can't really help that at this stage. It is what it is, and they will either accept it or they won't. Quite likely your next buyer won't take any notice.

If you feel the charges are unfair then this can be brought up and dealt with, as has been mentioned. But much better to just continue selling the place and forget the whole thing

bouicca21

Why not buy a copy of the lease of one of the 6 flats and see what the obligation to pay is for them?

Jox

Resolved issue

Irratus_Rusticus

Hi,

Sorry you lost your buyer. Life for leaseholders is only going in one direction ... down the toilet. Buyers are maybe getting better advice.

Judging by a few of the responses, I'd suggest you perhaps ask your questions on a more constantly expert website than MSE - (MSE sometimes seems more like The Moral Maze?).

Read the Lease Advice Service website and post queries to the LandlordZone would be two useful suggestions.

No, you are not getting anything from the freeholder. Freeholders pay nothing for upkeep unless they also own a flat in their fiefdom , or a canny "peasant" or two dares fight back for their rights per their leases. Sadly the leases might then allow the freeholder to charge his/her legal costs back.

You bought the lease to a flat, which is a contract for both parties, not to a feudal peasant hovel. It comes, most likely, with communal costs from building insurances to rat catching. If the freeholder owns the top floor and this has a roof that covers all the other flats (?), then the roof is also clearly a communal cost to the flats on the top floor owned by the freeholder. The freeholder cannot expect the other flats to give him/her a free ride for his costs. If he does, that is an unfair contract. Go with all the other flats to FTT and ask for the leases to be re-written fairly.

You can buy a copy of the upper floor leases off the land registry (unless the freeholder hasn't issued any leases for those flats).

Leasehold is a disastrous form of tenure. It must be assumed that as long as the blind offer 'consumer' advice to the unsighted, politicians can go on ducking the problem?

Advertise again and hope the next person is less savvy.