Empty Flat

letsgotosanfrancisco

Hi ya
Live in a block of 5 flats....the original owner of one flat unfortunately died a couple of years ago. Since then their place has been empty. He left flat to his girlfriend....and she has since passed away. Her family are using the flat as a store.....whilst we have been paying for things/maintenance and had no contribution since then.

Each flat has share of freehold....however is there any way we can go about getting her family to sell....as at the moment they don't seem interested?

mije1983

letsgotosanfrancisco wrote: »

is there any way we can go about getting her family to sell

Offer them double the market value?


What does the lease say about the owners paying for maintenance?

NeilCr

How long since she passed away? They could still be sorting out the will and probate.

You can't force them to sell. If you can find out if there is a new owner then you could contact them re outstanding service charges.

letsgotosanfrancisco

Everyone contributes to maintenance. That's way it's always been....however he didn't pay even when he was alive as he argued he shouldn't have to.

letsgotosanfrancisco

She passed away 9 months ago. Her Aunt has said she isn't bothered finding out about the will. Fact is nobody will be a new owner if the Aunt or her family choose to do nothing other than use it as a store room.
Due to my neighbour being an old retired woman, we've since had to change the front door lock with people who don't live here coming and going.


It appears as thought whoever I've asked...including estate agents nobody seems to know what rights we have, other than us continuing to pay extra for building works we've had done in past 2 years.

NeilCr

letsgotosanfrancisco wrote: »

Everyone contributes to maintenance. That's way it's always been....however he didn't pay even when he was alive as he argued he shouldn't have to.

What were you as the freeholders doing about chasing the arrears? If there is a debt then you may be able to get it from the estate.

If there is a will it is likely that the flat will have been left to someone. Think someone needs to get a bit proactive - do you have a managing agent working for you? If so, you could seek their advice and help.

Norman_Castle

letsgotosanfrancisco wrote: »

Due to my neighbour being an old retired woman, we've since had to change the front door lock with people who don't live here coming and going.

It appears as thought whoever I've asked...including estate agents nobody seems to know what rights we have, other than us continuing to pay extra for building works we've had done in past 2 years.

Changing the lock on the communal? front door sounds dictatorial. People are still entitled to access the deceased persons flat and unless they are doing so illegally you cannot stop them. How are people connected to the flat now gaining access?

I would put together an invoice of charges during the last two years and forward it to the property. Its likely you can charge it against the estate. Ongoing charges should be managed by the executors or paid from an eventual sale. I would also investigate if charges prior to the death can be recovered.

https://www.lease-advice.org/advice-guide/service-charges-other-issues/

Unless the lease states the property must be lived in at all times its unlikely you can prevent it being used to store items however if it is being rented out as storage that might be against the lease.

eddddy

letsgotosanfrancisco wrote: »

Each flat has share of freehold....however is there any way we can go about getting her family to sell....as at the moment they don't seem interested?

People often talk about all the benefits of 'Share of Freehold'...

... but the downside is that you have to behave like a freeholder, do things according to the legislation, and occasionally get 'nasty' with leaseholders.

Hopefully, you've followed all the legal requirements, such as:

• Service charge demands in the prescribed format
• Section 20 consultations
• Demanding service charges within 18 months from date incurred
• Only charging for things specified in the lease
  etc

If so, the threat of forfeiting the lease (i.e. repossessing the flat), might get them to pay.

If the flat was mortgaged, the mortgage lender might pay to avoid forfeiture - but it sounds like there may not be a mortgage in this case.


Edit to add...

But if you haven't followed the legal requirements, you may be unable to persue for the service charge arrears.

kingstreet

The estate of the deceased is responsible for any costs until probate is settled.

The freeholder should therefore be issuing invoices to the "Executor of Miss XYZ" if the property has been legally transferred to her.

You should be able to check the Probate Register for any will.

G_M

Why are you not enforcing the terms of the lease? In this case, presumably, that the leaseholder must pay ground rent, service charges etc.

The ccuurently responsible person(s) would seem to be the Executors of the will of the girlfriend. Do you know who tthat is? It may or may not be her family.

If Probate has been granted for the deceased girlfriend, then you can pay £7 for a copy of the will.

The Executors (or the Beneficiaries of the will if Probte has been granted and the Estate wound up) are responsible for all the debts relating to the flat, including the debts of the 'original owner', since the debts carry forward with te property-ownership.

Debts can be pursued going back 7 years.

You cannot force the family (assuming the family are the Executors or Beneficiaries) to sell. However, ultimately, you could get a court order for forfeiture of the lease.


https://www.lease-advice.org/faq/forfeiture/

letsgotosanfrancisco

Main reason lock was being changed was because communal front door could be pushed open from the front....hence the need to change the lock. If they need access, they can contact my upstairs neighbour.



I will consult with the other flat owners however it looks like we'll try to find a copy of her will...if there is one and then proceed from there. We have no managerial agent so we're pretty much on our own in this situation and none of us are knowledgeable in probate/wills/estates etc.
We do have lists of works done which all flats would contribute to. In addition it is a long period of time since ANY money was paid by the flat, whilst they were alive or since unfortunately.



I'd love to enforce the terms of the lease, however the girlfriend had no interest in discussing his will and now we are no better off since she passed.



Thanks for all your advice though. Much appreciated.