Maisonette freehold

asantarai

Hi Guys, I'm new to the forum and could do with some advice please.

We currently live in a 1st floor maisonette, which is in a block of four maisonettes in total - all of which are leasehold.

Each of the owners of the other maisonettes lives in their properties and collectively we all want to purchase the freehold. So we know we need to set-up up a 'Ltd.' company to do this and have been in contact with a solicitor to advise us.

However, the current freeholder doesn't actually do or provide any services to any of us - the only thing we each has to do annually is pay them a very small ground rent charge. Most of the posts I have read say that once you have the freehold you can start charging service charges for maintenance etc., but as each of the properties is a self-contained flat with it's own garden, I don't think our newly formed 'Ltd.' company would actually have anything to do or actively charge for - it would just be a formality to obtain the freehold right?

Some of you may wonder why we want to purchase the freehold if we are not gaining anything from it, but the only reason we (meaning my wife and I) want it for our flat is so we can have a loft conversion without needing to get permission from the current freeholder.

Each of us just want to be responsible for our own flats and gardens - we don't necessarily want to be responsible or have a say in each others properties. So is this something we could state in our individual leases once we have obtained the freehold?

Sorry if this doesn't make much sense - this is all very new to me!

Slithery

What about building maintenance, eg roof repairs, exterior painting etc. This is something that the freeholder should be charging the leaseholders for.

asantarai

Thanks for your reply Slithery.

In answer to your question, no - we don't get charged anything from the freeholders except for ground rent. If there are building maintenance works or roof repairs to be done, it is in our lease that we are responsible for them, so each flat just pays for the work themselves.

As an example, we are in the 1st floor flat - so when we needed the roof repaired last year, we paid for that repair. The flat downstairs didn't pay anything towards the cost.

NeilCr

But the flat downstairs has an “interest” in the roof as if it failed they would be affected too.

Most flats I know all contribute to roof repairs/external painting etc

aneary

asantarai wrote: »

As an example, we are in the 1st floor flat - so when we needed the roof repaired last year, we paid for that repair. The flat downstairs didn't pay anything towards the cost.

Why on earth not!! the responsibility of the roof is all properties under the roof not just the one directly under. If you didn't repair the roof the downstairs flat would soon have issues!!

Slithery

asantarai wrote: »

As an example, we are in the 1st floor flat - so when we needed the roof repaired last year, we paid for that repair. The flat downstairs didn't pay anything towards the cost.

Very unusual.

Usually repairs to the structure of the building are paid for by the freeholder, with the cost split equally between all of the leaseholders. The ground-floor flats have just as much interest in a working roof as you do.

asantarai

I do get the point about the roof, but that is something we need to speak to them directly about. We've only been in the property a couple of years and thankfully we have not had any real work or maintenance done to the outside yet, so the issue hasn't really been raised.

So it is just really advice re: the freeholder and the setting up of the company from my original post that I need if possible please.

Thanks guys!

aneary

asantarai wrote: »

I do get the point about the roof, but that is something we need to speak to them directly about.

It's probably a little late now that you have had it repaired I'm guessing without consulting with them in regards to the roofers who repaired the roof?

NeilCr

Well your solicitor is the one to advise you on whether getting the freehold is a formality - and, to be honest, on what should be in the leases.

I think you should get away from the cosy four of you agreeing everything situation - and make sure who is responsible for what and how and when service charges are agreed/collected etc is set in stone and in writing. If someone sells or there is a falling out you may well need that

Slithery

So you paid for work on part of the property that you don't own without first consulting with the freeholder. Not a good idea.

asantarai

Thanks Aneary. This was only a very minor repair - not too expensive, so I'm not worried about it.

Thanks Slithery. Not as far as I know. According to the lease, we own the building and the roof but the freeholder owns the land our building is on and the space in between the top of our building and the roof (i.e. the loft space). So I don't think we have done anything wrong by replacing some roof tiles...?