Moneyclaim against Freehold company

m0bov

Hi all, does any think I have a chance in a claim against the freeholder for me purchasing pest control items?

I live in a Share of Freehold property, its "run" by directors who live here. I have been complaining for 6 months about rats, in and round our property. The council served them notice, which they are ignoring. They have ignored all my complaints and requests and most likely end up in court if they continue.

Anyway, I purchased some bait traps, not a lot of money, but I don't feel I should be paying out of my own pocket, they have ignored my LBA. My claim is against the freeholder as its on their land. Do you think I would be successful? I have had cables chewed, found rats in and around my bins, rat holes nearby and chased rats out of my garage.

The poison is going fast and I might need to purchase more, so again, would need to claim

Thanks.

DullGreyGuy

What does your lease say?
Was there an identified cause of the rats?

You are presumably aware successful or not you will have to pay your share of their defense fees (or potentially all of it) and if successful your share of your award?

Depending on how many of you are in the share and the amount of your claim you could end up payout more than you are awarded. 

m0bov

I am aware of that, although as its the negligence of the directors I'd think I could have a case to sue them for that?
There is nothing in the lease about rats (there is legislation that enforces that), but there is something in the lease that bin enclosures are provided, which they are not. Every week, before collection day, people put their bins out, the food bins get knocked over in the night by foxes, in the morning, there's piles of food on the ground. This is attracting the rats, this is also on the enforcement notice. 

There is a rat run, from the rotten food, to a bank covered in rat holes in soft soil, identified by enviro health.

I did ask they write to remind everyone to put bins out on the day or secure them, this never happened.(no letters sent)

propertyrental

Your case is against 'The Freeholder', not the individual Directors, and presumably you are a shareholder in the Freeholder company?

How many flats ie how many shares? If not a lot, then any payout and you'll be effectively paying yourself. On the other hand if there are 50 flats/shareholders, then your share of the cost will be (around) 1/50th.

Surely a better solution though is to get the council to take enforcement or legal action? I believe where a freeholder (or home owner) ignores an enforcement notice, the council can take the neccessary action (eg undertake the repairs, remove the rubbish, eradicate the rats) and bill the person/company responsible.

eddddy

m0bov said:

I live in a Share of Freehold property, its "run" by directors who live here.

So are you a leaseholder, or a tenant of a leaseholder, or something else?


Assuming you're a leaseholder... is the following correct?

• The freehold is owned by a company
• You are a shareholder in the company
• You want to make a claim against the company for some costs you've incurred

Presumably, the claim is for negligence and/or breach of the lease.

It's hard to say whether you would be successful in a negligence claim. The legal test would be along the lines of "did the freehold company act in the same way that a reasonable person would?"

So that depends on a lot of factual details like: Who said what and when? And who did what and when?

m0bov said:

The council served them notice, which they are ignoring. 

Would it be easier to just tell the council that nothing is being done, so that the council take enforcement action (rather than you having to take legal action)?

I guess they might fine the freehold company - but that might focus people's minds. Or the council might send in their own pest removal contractors. The bill would be sent to the freehold company, and it's likely to be expensive, but it would save you having to take-on legal action.

anselld

You mention the Council have already served an enforcement notice.  The potential fines for ignoring this can be quite substantial.  So surely the best route is to keep pestering the Council to follow through the enforcement action.

If you start implementing the enforcement actions out of your own pocket you are just going to be letting the Freeholders off the hook.

NameUnavailable

As you are a part owner of the freehold you would be taking legal action against yourself in effect! Also the lease probably includes something about the freeholder being able to charge legal costs they incur back under the service charge (although 'they' is you as well).

Maybe write to all fellow leaseholders and explain what you have done to try to resolve the problem and ask for contributions to the costs?

Maybe people could be more careful about where they leave the rubbish and food bins. It seems the problem is of 'your' (as in the leaseholders) making and it is totally within 'your' control to fix.