Can leaseholder sue previous freeholder?

storminateacup_2

A long story short.......
Freeholder died, beneficiary of estate did not want the freehold title which was subsequently put up for sale by executor.
Due to various issues, the sale of the freehold title took over a year to complete, during which time one of the leaseholders started legal action against executor for failure to maintain the property, citing damages to their own leasehold flat.
There was no sinking fund, no service charges ever in place, the leaseholders having previously organised repairs/maintenance on an ad-hoc basis.
The new freeholder is aware of the situation and is working with the leaseholders to repair/maintain/improve the property.
Can the leaseholder still claim damages from previous freeholder?

eddddy

storminateacup wrote: »

Freeholder died, beneficiary of estate did not want the freehold title which was subsequently put up for sale by executor.
....
Can the leaseholder still claim damages from previous freeholder?

I believe the leaseholder would have to register their claim within 6 months of probate being granted. (That's not specific to leaseholders/freeholders claims - I believe it applies to all claims against a deceased person's estate)


But... new freeholders can inherit the obligations and liabilities of previous freeholders - so it may be possible to claim from the new freeholder.

Unfortunately, this type of argument about whether the old or new freeholder is liable often ends up in court.