a share of freeholder refusing to pay towards building maintenance

jamiep5

Hi, I live in a converted house that comprises of four flats, we have 25%share of freehold and a 125 year leasehold. The building has not had any external works, such as repairs and painting done for over 20 years, three of the flats all of which have agreed the building is in desperate need of the repair work, but the one absentee landlord is refusing.

It is a four storey building and the works we are looking to do is complete paint of wooden windows and exterior walls, clear gutters and any repair work to the render that is needed, the quotes we have obtained include scaffolding so each we are paying about £3,500.

I have obtained three quotes and offered them to everyone, three of use have all agreed on one and he absentee landlord refuses to accept the work needs doing, our leases require us to keep the property maintenance and in a respectful manor.

So really my question is how can we get the landlord to agree to take on these works which are very much overdue?

I believe we have been reasonable and that we are all obligated to carry out the works, my concern mainly lies in by not doing the work soon that we will be paying a lot more money to repair the building.

skintpaul

do you have a solicitor for when FH was setup? need to point out obligations..

or maybe if 3 of 4 can afford it, go ahead with works, and put a charge on 4th lease.

xylophone

we are all obligated to carry out the works,

https://forums.landlordzone.co.uk/forum/long-leasehold-questions/42276-share-of-freeholder-not-paying-for-repairs-sue-him?s__=

and in a respectful manor.

Tugging your forelocks to the squire?:)

Rosemary7391

I think you have two issues here that you have to separate, even though they involve the same people.

Firstly, with your freeholder hats on you need to formally agree the work is required - you might have some sort of company with a constitution or other formal document to tell you how to do this. 3/4 is a majority so you should be good there provided it's all documented correctly. The freeholder then needs to issue the appropriate paperwork according to the leases.

Secondly, with your leaseholder hats on you need to pay for it. If one doesn't, then you all have to get your freeholder hats on again to sue the non paying one with his leaseholder hat on.

cashbackproblems

this is why I would never buy a place which has share of freehold, sounds good in principle but in practice a nightmare.