Leasehold issues

G_M

1) Start by talking to the other leaseholder. You say: "as far as I am aware the other leaseholder has agreed." but that sounds like the freeholder told you this. Find out for yourself exactly how the other leaseholder feels. 2 people working together can achieve more than one alone.

2) next, read your lease. You've been advised on this before, but what exactly does it say? What can/mustt the freeholder do? What must the leaseholders pay? When and how?

3) since resolving this informally is not working, it may be time to get formal.

a) stop emailing and send a letter
b) read the lease, and quote relevant clauses
c) read the links provided earlier to leaseadvice and find the relevant rules on service charges. Quote them in your letter.

eddddy

t45 wrote: »

Many thanks – we have a bit of a problem now as I contacted the freeholder informally to say that i think what they are asking is unreasonable.

<snip>

You're kind of missing the point.

It doesn't really matter what the freeholder says in these circumstances. The law (and your lease) override whatever the freeholder says.

Just because somebody tells you have to pay them money, it doesn't mean it's true.

Concentrate your efforts on understanding the law and your lease - the links to LEASE above are a good starting point.

You can also get 15 mins of free phone advice from LEASE: https://clients.lease-advice.org/appointments.aspx

t45

Many thanks – this is really much appreciated and you have offered superb advice – i shall concentrate my efforts on understanding the law and my lease
I have been informed by the FH that it is MY OBLOGATION to make to payment towards the maintenance work ( I have duly paid for the first 6 months and stopped my payment expecting a review) but the fact is that the REVIEW that was promised to see whether or not ongoing work and the intensity of work required, did not happen and there has been no proper consultation with LHs regarding this work.
The FH has entered into a long term contract without all LH agreement and is now telling me that I must pay for the next 2 months work as they have agreed it.
They have also said that as FH owners and landlords the decision for such work ultimately comes down to them which may be true but surely LHs have some voice and be able to express their thoughts on matters.
I appreciate that maintenance work is required, prior to this the work we had for years and years was always ad hoc and seemed to work fine and it has only this year been decided that this should change to monthly maintenance as a such and such cost. This is fine but we were told we would review the situation as FHs were aware that not all LHs were happy with this arrangement BUT as said NO REVIEW has happened.
Sorry to go on and on about this but I do believe that our voice as LH is being squashed by the FH.
I wonder if it is worth considering RIGHT TO MANAGE and possibly COLLECTIVE ENFRACHISEMENT.
I am writing letter to other LH too to see how they feel.
Many thanks

G_M

Good grief! How many times?

I have been informed by the FH that it is MY OBLOGATION to make to payment towards the maintenance work

You're kind of missing the point.

It doesn't really matter what the freeholder says in these circumstances. The law (and your lease) override whatever the freeholder says.

READ THE LEASE.
LEARN THE LAW AND YOUR RIGHTS.
IGNORE WHAT THE FH SAYS UNLESS YOU KNOW HE IS RIGHT

You keep thanking us for our advice and then ignore that advice and simply repeat your concern.

If you're not willing to take suggestions on board and help yourself, noone can help you. All that happens is we (well, I for one) lose patience and move on.