Covenant breach accusation

-taff

Have you got a record of this freeholder 'advice' to remove it?

garethlewis

Yes. But (always a but)



This following in bold italics an email between freeholder and conveyancer referencing a telephone conversation we had...



I spoke to the current tenant the other week regarding the “roof terrace”. This area was never demised under the lease as the tenant (please note it was prior to the current tenant's ownership) took it upon themselves to put up fencing around the extension to the funeral directors below. This was never consented by ourselves, which is clear due to the fact you still have to climb out of a window to access it.
The only way we will allow the “roof terrace” to be included in the sale is if the current owner has a structural survey completed showing the roof can handle the weight, and a price is agreed for the purchase of this space from ourselves.
I told the current tenant we either agree the above, or he removes the fencing, etc. makes good the felt roof lining and this area does not form part of the sale. The latter will obviously be the quicker of the two to execute.





However, we definitely did not speak of 'making good' any felt lining. The 'repairs' bit came to my attention much later, after it was all removed.

And how they know it was a tenant (current or prior) who put it up, I have no idea, as they have no record of it happening...

Fire_Fox

What precisely was agreed with your conveyancer and the freeholder in order for the sale to complete?
There did not seem to be any disagreement between our conveyancer and freeholder, the sale just completed. When I asked the conveyancer they informed us the freeholder would not be able hold up the process. This whole 'charges' information happened after exchange of contracts. Not sure if that changes anything...

Helpful, thank you.

Freeholders can refuse to transfer a lease/ exchange contracts in certain circumstances, for example service charge arrears (common). In that case one or other party would have to formally undertake to settle the debt at completion. This is all done via the conveyancers so is legally binding. It sounds like NO such undertaking was made in your case, which greatly weakens their position IMO.

Do still consult the Leasehold Advisory Service on what you should do next (free/ independent/ legally trained). My personal inclination would be 'less is more' so a couple or three very carefully worded lines. Not even a paragraph!

If the freeholder chances their arm with a small claims action in the County Court DO NOT IGNORE. Or you will lose by default and may get a CCJ.

Who owns the neighbouring property with the flat roof?
The flat roof is part of the single storey extension used by the ground floor business which is directly underneath the flat. The single storey extension protrudes out from the business premises downstairs.

Do you know who owns that property? Are the business premises leased from the same freeholder as your old flat? Your annual service charge demands may have been split into x% for retail units and x% for residential units (ours are).

Was trying to clarify why the freeholder is claiming for damages.

garethlewis

Thank you so much for that.




The freeholder owns everything. Flats above shops, and shops, all along the run of six shops with flats above. I believe all the flats are now leased to private individuals but one or two might also be leased the same businesses that lease directly downstairs from a flat above. Only the business below our flat has the single storey extension, no others have any such protruding extension. Without the disputed structure it now looks one hell of a security issue to be honest (that's why I always imagined it to have been put there to ne honest) but that is another story...



Yes, our annual service charges are the same, split between all twelve (six shops/six flats).

garethlewis

The freeholder is expecting me to pay for damage done to the flat roof that the structure was sat on for a number of years. Apparently the felt is compromised and needs replacing, and the exterior masonry has holes in that need filling. There was a report done to ascertain the damage done to the roof so the compiling of the report also needs someone to pay for it (in the freeholder's eyes, that is me).
So roof repair and masonry repair (£1500) + compiling a report (£650) + vat@20% = approx £2500. Don't get me started on how extortionate the rates are for the work being charged for.


And, I haven't even received an invoice of any sorts yet.

Fire_Fox

garethlewis wrote: »

There was a report done to ascertain the damage done to the roof so the compiling of the report also needs someone to pay for it (in the freeholder's eyes, that is me).
So roof repair and masonry repair (£1500) + compiling a report (£650) + vat@20% = approx £2500. Don't get me started on how extortionate the rates are for the work being charged for.


And, I haven't even received an invoice of any sorts yet.

Oops missed the word "e-mail" in your first post. Don't even waste a couple or three lines.

In addition I had not seen the e-mail from the freeholder to your conveyancer until just now.

To clarify: you were the "current tenant" when that e-mail was written by the freeholder? And the acceptance that the roof was altered "prior to the current tenant's ownership" was in the e-mail from the freeholder to your conveyancer?

If yes ... muppets. :rofl:

garethlewis

Yes it was.
So you reckon they don't have a case?