Want to sell but may have a possible problem with the Free holder

korntogo10

Hi everyone,

I will try to make this clear, concise and brief however please accept my apologies in advance if it appears long.

3 years ago I completed and moved into a maisonette. I was a first time buyer and a little lacking in the knowledge of property buying. I was just so desperate to get in and be a homeowner I simply let the solicitors get on with things, I didn't even get a proper paid for surveyor.

Time moved on and I found to my great misfortune the property was plagued in places with dry rot. It was at this time I became more familiar with the drawbacks of being a leaseholder and not a free holder. I was and still am effectively renting a property with 100+lease.

I got quotes for the dry rot and a surveyor to find out more and informed the service maintenance company that as they had not maintained the exterior of the property where there had been leaking overflow pipes and damage drains which caused the dry rot, they would have to fit the bill.

The service maintenance company (the freeholders) were exceptionally slow to react. So slow in fact that I just go on with replacing everything in my property myself. The kitchen, the bathroom. basically all places that had to come out due to the dry rot. I got this treated and then started again. replacing with a new kitchen and bathroom etc. Whilst at it I of course painted, decorated, fitted a new carpet etc. This took me a long time so I also moved back in with my parents. The thinking was that eventually this problem would be sorted eventually but I would sort it now and then make a claim for the money spent later on.

I was so adamant that I would get my money back via the placing of a claim with the freeholders that I sent them an itemised list of things I had spent money on, the costs etc.

This was when I realised to my horror the details listed in my lease. Basically it said there were not to be any structural or non-structural alterations to be made without getting consent from the Landlord (aka freeholders) etc etc. I had not got this consent.

Moving on I am due to get my property valued with the intention to put it on the market, sell it and move.

My question is this. Will the freeholders (being in the knowledge via the claim that I did remedial work to the property) try to charge a premium when I go to sell my property? Will they try to cause problems generally when I go to sell the property .

I appreciate any comments and advice

Many thanks
.

Sachs

The managing agent and freeholder are usually different entities. If you have been rude or unpleasant to the managing agent then theoretically they might be extra slow or obstructive as petty revenge but seems unlikely.

As for the freeholder, have you actually resolved these issues with them or are you still in dispute? Who are the freeholders and how big is the building your maisonette is in?

korntogo10

Thanks for getting back so quickly I really appreciate it.

The company operates as as a landlord to the tenants in the house but also owns the freehold. This company is owned buy a larger company and this larger company boasts a number of properties of around 50+.

I cannot think of a time where I was rude to them. There was definitely no colourful language used during our phone calls or emails.

The maisonette is part of a big old house. There are two maisonettes on the ground floor (I am one of them), a flat on the 1st floor and a flat on the 2nd floor.

Well the freeholders did get back to my claim in the form of a letter that basically said it was unacceptable to go about making the fixings and repairs to my property to then go and try and make them pay for it afterwards. They further made the point that as a result I would have to mitigate my loss. I take this to be the conclusion.

After some thinking and consideration I learnt to accept this and move on. I am at the stage that I just want to sell my property and move somewhere else now.

I am honestly quite scared now though as I feel there will be ramifications for simply fixing up my place. In a way I feel trapped in my own property.

Many thanks

xylophone

exterior of the property where there had been leaking overflow pipes and damage drains which caused the dry rot,

These are "common parts"? Did the freeholding/maintenance company do the work?

With regard to a new kitchen and bathroom and interior decoration of your maisonette, I cannot see how the freeholder would have any say in this?

cattie

Your mistake was telling the managing agent/freeholder that they would have to foot the bill for the work you wanted doing. This is wrong, they would be responisble for arranging the work to be carried out, but have to be given time to get relevant surveyors to have a look & then invite tenders for the work to be done.

As far as paying for the work to be done, if something like dry rot was covered under the buildings insurance policy then a claim could be made on that. Otherwise it's down to the leaseholders to share the cost of such essential works. Sometimes there's a sinking fund that has accumulated from service charges that can be used to pay towards any essential works

Unless your own contents policy covered such things as new kitchen, bathroom, carpets etc. then the cost of replacing these would be down to you & nobody else.

There's nothing wrong with owning leasehold property, indeed a huge proportion of properties in London & other cities are leasehold, seeing as thats the norm for flats, it's houses that tend to be freehold, but even some of those are leasehold. As long as you understand the terms of your lease & it's of a decent length,then all should be well.

Just as an aside, I've owned both flats & houses & the biggest profits I've ever made when selling have been the flats.

Sachs

To be honest I think you've already had the downside. Assuming you've done works that have improved and not deteriorated the freehold, the fact that you've paid for them yourself is probably as bad as it will get.

How long ago did this all happen? If some time has passed and you've made peace with the costs I think it's probably done and settled. Document exactly what work you have done, make sure you keep lots of copies of any verification you've been given and then crack on with selling.

korntogo10

Hi,

Thank you to you as well for your input being so prompt.

Yes to clarify the leaks etc that cause the damp and dry root were eventually sorted out. I wanted to claim for my money for making the fixings and repairs etc to the inside of my property which according to a surveyor I got when I was doing my place up was cause by these leaks.

It is also worth mentioning that with regards to the kitchen and bathroom and I had to gut these out so the dry rot people could do the treatment. There was even dry rot on the kitchen cabinets towards the back.

To this comment:

'With regard to a new kitchen and bathroom and interior decoration of your maisonette, I cannot see how the freeholder would have any say in this?'

I suppose at the time it is nothing to do with them no but various websites say that as a leaseholder if you want to make alterations (this includes a new kitchen) etc then you need the freeholders consent which I did not get.

My lease even says that no alterations of a structural or non-structural nature are allowed to the property without the consent of the landlord but this will be in addition to Planning Permission and Building Regulation Approval if required.

Many thanks

korntogo10

cattie wrote: »

Your mistake was telling the managing agent/freeholder that they would have to foot the bill for the work you wanted doing. This is wrong, they would be responisble for arranging the work to be carried out, but have to be given time to get relevant surveyors to have a look & then invite tenders for the work to be done.

As far as paying for the work to be done, if something like dry rot was covered under the buildings insurance policy then a claim could be made on that. Otherwise it's down to the leaseholders to share the cost of such essential works. Sometimes there's a sinking fund that has accumulated from service charges that can be used to pay towards any essential works

Unless your own contents policy covered such things as new kitchen, bathroom, carpets etc. then the cost of replacing these would be down to you & nobody else.

There's nothing wrong with owning leasehold property, indeed a huge proportion of properties in London & other cities are leasehold, seeing as thats the norm for flats, it's houses that tend to be freehold, but even some of those are leasehold. As long as you understand the terms of your lease & it's of a decent length,then all should be well.

Just as an aside, I've owned both flats & houses & the biggest profits I've ever made when selling have been the flats.

Hi thank you for your input. Based on the agreement with them I can see that it is wrong. However the cause of the rot to I suspect most surveyors would have been because of the leaking overflow pipe from the top flat and the damaged drain pipes on the otherside of the house. At the time I was trying to say they had been negligent as the problem about the pipes etc had been reported to them about a year before I bought the property. The problem I had was that I could not completely prove this.

The service maintenance company were also taking way too long and I was impatient.

I have since made my peace now though and just want to move on.

I just want to know that despite not getting their consent (though maybe the claim was a retrospective request for it), can I just sell my property without complications. My lease is above 100 years.

Thank you again for your help

korntogo10

Sachs wrote: »

To be honest I think you've already had the downside. Assuming you've done works that have improved and not deteriorated the freehold, the fact that you've paid for them yourself is probably as bad as it will get.

How long ago did this all happen? If some time has passed and you've made peace with the costs I think it's probably done and settled. Document exactly what work you have done, make sure you keep lots of copies of any verification you've been given and then crack on with selling.

Hi Sachs, the work was all done about a year ago now. I received the answer to my claim at the end of December 2018.

What specific verification would be referring to?

Sachs

I meant certifications but it autocorrected me!

Certificates related to the dry rot, any building work etc. Any buyer will want them and it may be helpful should the freeholder kick up a fuss (which sounds unlikely so long as your works haven't caused any damage).

xylophone

'With regard to a new kitchen and bathroom and interior decoration of your maisonette, I cannot see how the freeholder would have any say in this?'

I suppose at the time it is nothing to do with them no but various websites say that as a leaseholder if you want to make alterations (this includes a new kitchen) etc then you need the freeholders consent which I did not get.

From what you have said, you have made no structural or non structural alterations.

You have merely repaired damage to your property and replaced the old bathroom and kitchen fitments.

I once had a flat (999 year lease) and certainly did not need the freeholder's approval to renovate the bathroom , decorate the kitchen, install a new double glazed door to the balcony etc.