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Unresponsive freeholder - which route do I go down to force action?
Pikashoe
Posts: 36 Forumite
Hey there!
As a general summary, here goes!
I own a leasehold in a property that has 3 leases (2 apartments, 1 shop). I have the top flat and have been suffering water damage including water pouring through windowsill and hallway ceiling! I mentioned this needing checking out to the freeholder through comms with his solicitors direct for the best part of two years and have had regular reassurances it would get inspected. Despite being as nice as can be, including his own solicitor being frustrated on the phone with me, he never followed through with anything. I also gave him a deadline to reply with an action proposal or I'd seek legal representation...and I got a reply to say a vague "Will get in touch soon with a builder'....this was two months ago.
The lease stipulates that the costs of repairs are shared between all leaseholders (No service charge/ground rent), though the freeholder owns the shop lease which would make him liable to 1/3rd if work was carried out. I'm genuinely stuck for what to do - if I went to solicitors am I guaranteed to reclaim my legal costs? What would they most likely do/I can prepare myself?
Any thoughts would be greatly appreciated!
-Shaun
P.S: I offered to organise all the work myself if he just gave me permission to survey, get work carried out and bill....but nope! Also for context - Most of the tiles are U shaped from 75+ years of sun damage.
As a general summary, here goes!
I own a leasehold in a property that has 3 leases (2 apartments, 1 shop). I have the top flat and have been suffering water damage including water pouring through windowsill and hallway ceiling! I mentioned this needing checking out to the freeholder through comms with his solicitors direct for the best part of two years and have had regular reassurances it would get inspected. Despite being as nice as can be, including his own solicitor being frustrated on the phone with me, he never followed through with anything. I also gave him a deadline to reply with an action proposal or I'd seek legal representation...and I got a reply to say a vague "Will get in touch soon with a builder'....this was two months ago.
The lease stipulates that the costs of repairs are shared between all leaseholders (No service charge/ground rent), though the freeholder owns the shop lease which would make him liable to 1/3rd if work was carried out. I'm genuinely stuck for what to do - if I went to solicitors am I guaranteed to reclaim my legal costs? What would they most likely do/I can prepare myself?
Any thoughts would be greatly appreciated!
-Shaun
P.S: I offered to organise all the work myself if he just gave me permission to survey, get work carried out and bill....but nope! Also for context - Most of the tiles are U shaped from 75+ years of sun damage.
0
Comments
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Guessing I might just have to pay for a solicitor and hope for the best!0
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https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=61 Has all the info on your rights and you can also arrange a telephone call with an adviser.1
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Really helpful! Booked an appointment, thanks a lot for this!starving_artist said:https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=61 Has all the info on your rights and you can also arrange a telephone call with an adviser. 1
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