Freehold issue on Flat

Noodles7791

Hi Guy's,



I have an ongoing freehold issue with a flat I own.



The property is a purpose-built flat in a block of 4 built in the 1930's.



Back in 2011 my brother owned the flat below me. We purchased the freehold in joint names, sold the land to the rear and extended the lease. My brother then sold his flat in a rush and is consequently still on the freehold.



I have approached the owner to see if he would like the freehold gifted to him via a deed of transfer. Our solicitor said they would do this free of charge as I argued this should have been taken care of when the flat was initially sold. He gave me his number and email and I have chased him only twice in a year with no response. The last time I chased the email bounced back a few days later and my text wouldn't go through so I'm guessing he has blocked me.



I guess what I need to know is how can I resolve this issue, what are my strengths and weaknesses given this position.



Thanks in advance, any replies would be appreciated.

da_rule

Depending on the complexities of the title, you might not really need a solicitor. The transfer deed is available only along with some quite clear guidance on how to complete it.

davidmcn

Is there a need from your point of view to resolve the issue? It's more of a problem for your downstairs neighbour if their name isn't on the freehold. I expect he'll be in touch eventually. Don't you have contact details beyond the email address and phone number? I take it he doesn't live there?

Hoploz

What is the actual problem? Does your brother need to remove himself as a freeholder for some reason? Is there a problem with him sharing the freehold? It is quite normal for a leaseholder not to also be a freeholder. Is there an admin issue for insurance or something?

G_M

Why does your brother want to give away a valuable freehold? What is his motivation?

But if you simply want to trasfer the Title from you and him, to you and dowwnstairs, then

* TR1
* AP1
* ID1


https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

Noodles7791

Hi Guys,
Thanks for the replies.
It's my understanding that as a freeholder we are responsible for any repairs to the structure of the building. As my brother no longer has any interest in the building, this is not something he really needs. I currently rent out my flat but I may sell one day. I'm worried that this issue with the freehold could put off potential buyers. Also the freeholder is responsible for insurance. I have my flat Insured properly but does the guy downstairs? Now he's cut off communication I have no way of finding out. Thanks for the replies, much appreciated

G_M

Well it depends on the terms of the leases of course, but

Noodles7791 wrote: »

It's my understanding that as a freeholder we are responsible for any repairs to the structure of the building.
Yes, but at the cost to the leaseholders

As my brother no longer has any interest in the building, this is not something he really needs.
well as a joint leaseholder he could leave it to you to arrange

I currently rent out my flat but I may sell one day. I'm worried that this issue with the freehold could put off potential buyers.

Thre IS no 'issue with the freeholder'. If/when you sell, you offer your buyer the lease + the share of the freehold. What's the issue?

Also the freeholder is responsible for arranging insurance.
Usually at the cost of the leaseholders

I have my flat Insured properly but does the guy downstairs?
what does the lease say?
* If it is the responsiblity of the freeholder, why have you arranged insurance just for your flat?
* if it is the responsibility of each leaseholder (not ideal) then the guy downstairs' failure to insure is his own problem. Not yours as leaseholder. Not yours as joint freeholder. Not your brother's as joint freeholdr.
Read the lease!

Now he's cut off communication I have no way of finding out. Thanks for the replies, much appreciated

..........................................................................

deFoix

Buy some really expensive buildings insurance from a broker that offers lawful kickbacks. Then send the guy an invoice. Then if he doesnt respond/payup then start court proceedingd to null the lease he owns :rotfl:

Noodles7791

G_M wrote: »

Well it depends on the terms of the leases of course, but
..........................................................................

Thanks G_M this clears up some misconceptions I had. I will look at the leases in more detail

Noodles7791

Boler1985 wrote: »

Buy some really expensive buildings insurance from a broker that offers lawful kickbacks. Then send the guy an invoice. Then if he doesnt respond/payup then start court proceedingd to null the lease he owns :rotfl:

Hey Boler1985, I have a conscience!!:D

da_rule

If your brother wants to get rid of his share of the freehold, why not just transfer it to you so you own the whole thing?

You could then look at giving (or selling) a share to the other leaseholders. This will remove your brothers liability. Your liability will increase if you become the sole freeholder, but if your brother has essentially washed his hands of it anyway then there is probably no real difference.