Freeholder issues affecting sale

pdd

Hi All,
I am currently going through with the sale of my leasehold flat. We have had a few bumps on the way to exchange including a land registry issue which has now been resolved.
I declared on both my TA 6 and TA 7 an issue with my upstairs neighbour who also happens to be my freeholder. The issue relates to noise from doors which he raised with me in a letter. This was the formal version but relationship had been strained for a number of years. Last formal complaint in writing was 5 years ago. All declared nearly 3 months ago.
Before Christmas my solicitor informed me that they had requested the LPE1 from my freeholder but he had refused unless he is supplied name of the buyer and the intention with the property. My solicitor said she couldn't supply that and it got left there.
Weve now got to the final stages and the issue has been raised again. My freeholder has been asked in writing again and has again refused, shouting and swearing at my solicitor demanding the same again. She has now gone back tot he buyer to ask if she can disclose.
I think the freeholders worry is that it will be rented out. There is no restriction or need to ask the freeholders consent for letting.
I know the buyer is buying the property for their daughter to live in while she is at university in the town. I presume letting out will be the long term plan as they asked to see the lease pre offer
Whichever we play this it alerts the buyer to just how awkward he is being and we run the risk of losing the sale.
I know he has no legal obligation to provide this information. Weve already got an indemnity in place as he doesn't insure the building (his and my flat converted house) and obviously the declared dispute. So worried this will be the nail in the coffin

Dont really have a question. Just posting to see if anybody has any insight, ideas or previous experience.

Thamks

anselld

There is no legal obligation to force the freeholder to complete LPE1.

However there is usually some clause in the lease which requires a license to assign the Lease or for the new buyer to enter a convenant, either of which would require the disclosure of the buyers name to the Freeholder.

Presumably the Freeholder is in breach of the lease by not insuring. You should enforce this via First Tier Tribunal. I would be very surprised if an indemnity is an effective substitute in the event of a claim.

economic

Just threaten the freeholder with more noise, loud parties and music, general nuisance and other annoyances towards him. That'll make him complete all the paperwork required for exchange.

ciderboy2009

Dear Leaseholder,
As it looks like my sale is going to fall through due to you not completing the LPE1 I feel that I should inform you that my only other option will be to rent the property out to students.

pdd

Thanks All,
I am still waiting to hear if the buyer will allow us to disclose the information.
I asked my solicitor, regardless of the buyer response, to word the letter to my buyer in a firm manner stating that if this sale falls through then I will have to look at all other options including purchase of the freehold, right to manager. Also that I!!!8217;d be looking at letting the property myself so I can move. Also that I'd be enforcing the lease in all its clauses, not just the ones he chooses.


In a further twist I got the reply that due to a personal relationship between one of my solicitor firms partners and my freeholder and his wife they would not be comfortable pursuing legal action against him so I!!!8217;d have to find another solicitor.



I just don!!!8217;t know which way to turn