Leasehold Issues

Mac1966

Hi can anyone help? I have tried a solicitor, it has costs me lots and then solicitor left and no one seems to know what they are doing, I have no more funds available to keep trying with them.. My brother owned his flat with a leasehold, he sadly died and was presumed missing until he was found by bailiffs looking to recover leasehold arrears - the arrears were due to his death not reluctance on his behalf to pay. The leaseholder possessed the flat, entered and that’s how they found my brother. They have now said they want £8000+ so that we can apply for relief from forfeiture and have no compassion due to the circumstances surrounding the arrears. We have since obtained official documents stating the debt last year was only £1850, I am confused and frustrated as we can only raise these funds if we are able to sell the property and we are unsure if the figures they are asking are correct. Also forfeiture was obtained through county court more than 6 months ago. Any help greatly appreciated.

G_M

This is not a standard situation,or one where many people ere will have the relevant knowledge or experience I suspect. Though there are a couple of lawyers who post and may be able to help.


Obvious questions:
* what assets (other than the flat) did he have? ie what asets does his Estate now have?
* did he leave a will? If yes, who is/are the Executers? If not, who is/are the Administrators?
* what is the flat worth (puting aside the forfeiture)?

eddddy

Did your brother have a mortgage?

If so, the mortgage lender would typically pay service charge arrears (and add it to the mortgage), to avoid forfeiture - because they don't want to lose their security.

michelle230

I am sorry for your loss and the circumstances surrounding it.
There is an excellent website Leasehold Knowledge Partnership (LKP)
Join the group and there is a form you can fill in to ask questions and for advicr as to how to deal with the situation you find yourself in.
They are a knowledgeable and helpful group.

Mac1966

Michelle230 thank you for your reply, I will try the website you have suggested.

Mac1966

G_M we don’t know what other assets my brother owned as we are not able to gain access to his flat or personal belongings as we do not have keys, they are with the leaseholder, we know th elf at is probably worth around £52000, and there was no will to the best of our knowledge, again access to his flat would help in this respect.

Mac1966

Eddddy, there is no mortgage, the mortgage was paid in full.

G_M

Mac1966 wrote: »

G_M we don’t know what other assets my brother owned as we are not able to gain access to his flat or personal belongings as we do not have keys, they are with the leaseholder, we know th elf at is probably worth around £52000, and there was no will to the best of our knowledge, again access to his flat would help in this respect.

* did he leave a will? If yes, who is/are the Executers? If not, who is/are the Administrators?
* what is the flat worth (puting aside the forfeiture)?

You do not say who is dealing with his estate. If there is no will, someone, usually a close relaltive, should apply to be Administrator.


https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

G_M

Mac1966 wrote: »

G_M we don’t know what other assets my brother owned as we are not able to gain access to his flat or personal belongings as we do not have keys, they are with the leaseholder, we know th elf at is probably worth around £52000, and there was no will to the best of our knowledge, again access to his flat would help in this respect.

* did he leave a will? If yes, who is/are the Executers? If not, who is/are the Administrators?

You do not say who is dealing with his estate. If there is no will, someone, usually a close relaltive, should apply to be Administrator. They can then get access and need to go through his papers. He will have as a minimum a bank account I'd guess, and who knows? Maybe he has £50K in investments you don't know about.



https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will

Mac1966

Thanks G_M, my elderly mother is trying to deal with it. We have tried to fill in forms for administration but we also have to fill in an inheritance tax report with debts and assets but as we are unable to access the property we do not have this information. We are also unsure if we were to pay the debt if relief from forfeiture would be granted as six months has past.

G_M

Mac1966 wrote: »

Thanks G_M, my elderly mother is trying to deal with it. We have tried to fill in forms for administration but we also have to fill in an inheritance tax report with debts and assets but as we are unable to access the property we do not have this information. We are also unsure if we were to pay the debt if relief from forfeiture would be granted as six months has past.

'tried to fill in forms for administration'? This needs doing. If your elderly mother is strugling with this I suggest she should not be trying at all - the Inheritance Tax and other aspects will be beyond her.


Once you/someone has administrative, access should become easier.


Any debts would be paid by the Estate.

relief from forfeiture would be granted as six months has past.

I can'tanswer. You may need legal assistnce with this aspect of the estate (though if mum is strggling, and no one else is available, maybe a probate solicitor is needed - the Estate would pay (if there's any £ in the Estate).