Freehold....BBC this morning

[Deleted User]

davidmcn wrote: »

There's no need for leasehold flats either, but the English seem to be prepared to put up with those.

See I can see more of a need for flats as you will have multiple owners in one block, what if the roof needed urgent repairs an 2 owners wanted to get it fixed but one didnt ?

At least in a house only one person owns the roof so one person one decision.

I do think the whole issue of Leasehold needs a total revamp, there are an incresing number of 'shark' Freeholders and aggressive managing agents now. I am caught up in a Leasehold horror story which with the previous Freeholder was fine but he has sold to a monster.

Where else can you be demended of thousands of pounds without reasonable notice and if you cant pay you get extortionate admin / legal fees and likley loss of you home.

If you have your own freehold house you can plan and save for major expenditure and your savings get used on the building not on spurillous ' fees'.

davidmcn

BBH123 wrote: »

See I can see more of a need for flats as you will have multiple owners in one block, what if the roof needed urgent repairs an 2 owners wanted to get it fixed but one didnt ?

The 2 owners stump up the costs and then put a charge on the other flat if they don't pay their share? We manage ok in Scotland without making our flats leasehold.

[Deleted User]

davidmcn wrote: »

The 2 owners stump up the costs and then put a charge on the other flat if they don't pay their share? We manage ok in Scotland without making our flats leasehold.

But how can you put a charge nsomeone else's property, it sounds a big headache. If they challenge it you're back into legal fees and dispute time, energy and stress and it could take forever to sort by which time your leaky roof has progessed doing more damage.

Rosemary7391

BBH123 wrote: »

But how can you put a charge nsomeone else's property, it sounds a big headache. If they challenge it you're back into legal fees and dispute time, energy and stress and it could take forever to sort by which time your leaky roof has progessed doing more damage.

What do you think the freeholder does if one of the leaseholders won't pay? Same problem, same solution, just a different person responsible for dealing with it.

[Deleted User]

Yes but the Freeholder has the formality of a binding Lease to cover off repairs and I would imagine has more funds available to get the works done and chase for money later, rather than a couple of neighbours squabelling about what needs to be repaired and not agreeing.

A Lease is a formal document that states how repairs are to be addressed and everyone has commited to the Lease by way of purchasing the flat surely.

davidmcn

BBH123 wrote: »

But how can you put a charge nsomeone else's property

By using the statutory procedure provided for the purpose. You fill in a straightforward form and send it to the Land Register.

If they challenge it you're back into legal fees and dispute time, energy and stress and it could take forever to sort by which time your leaky roof has progessed doing more damage.

It's them who would have to start any legal action if they wanted to challenge you fixing the roof in the first place. And what are the chances of them having money for pointless court cases if they don't have money for the roof repair?

Rosemary7391

BBH123 wrote: »

Yes but the Freeholder has the formality of a binding Lease to cover off repairs and I would imagine has more funds available to get the works done and chase for money later, rather than a couple of neighbours squabelling about what needs to be repaired and not agreeing.

A Lease is a formal document that states how repairs are to be addressed and everyone has commited to the Lease by way of purchasing the flat surely.

It states in my deeds that I'm responsible for 1/8 of the cost of common repairs, and that they're common if more than half of the 8 flats agree so. I think that there is also a default set of arrangements in Scottish law if the deeds don't say anything.

davidmcn

BBH123 wrote: »

A Lease is a formal document that states how repairs are to be addressed and everyone has commited to the Lease by way of purchasing the flat surely.

A bit like the title conditions which apply to freehold properties, then?

kingstreet

BBH123 wrote: »

This morning Sadiq Jared communitites minister is quoted as intending to do somenthing about these lease houses for those using the help to buy scheme ie first timers but no mention of helping those already caught in the trap or purchasing second / third homes

Help To Buy Equity Loan, which is peculiar to newbuilds, is not FTB only. Any buyer can use it, as long as they will own no other property from completion.

[Deleted User]

But in your scenrio why would they challenge the roof being done , they would just let it be done and not pay ?

Dont get me wrong I think the whole Lease business needs a revamp to offer far more protection to people and a greater control over their own property.

I know there will be people now who say there are protections in place but they have no teeth, are not on the side of Leaseholders and you have to go to court / tribunals etc and not everyone can cope with that or afford the time and expense. It is often far cheaper just to pay service charges you dont agree with than go the expense and stress of challanging it. If you are on a budget can you risk challenging service charges as the costs grow enormously with no guarantee of winning. Its a massive risk.