Freeholder Challenges

stevehec

Hi all - looking for some advice. I’m experiencing a series of ongoing challenges with my freeholder. I own the groundfloor with a 179 year lease and he owns the top two floors. Ironically, we have a very decent relationship but he is becoming more and more objectionable.  

Here's just a couple of the issues I'm dealing with.

• No longer willing to handle buildings insurance for the property. no problem, I bought my own but but will not share his insurance details with me. I suspect he has no insurance.
• Refuses to enter into dialogue about buying the freehold.
• A concrete block broke off from the roof and was lodged in his gutter. He refused to have it removed, and instead suggested he correct a hazard sign.

• Outright refused to fix a leak in his property in a timely manner despite being advised on numerous occasions that it was getting worse, resulting in it leaking through to my property below. Now refusing to entertain conversations about fixing the damage. I got a quote from a local contractor via my lettings agent, Asked for a response after two and responded emails and he responded with a sarcastic comment about Michelangelo...

• Has invested no money whatsoever in his top two floors as long as I have owned my place (15-20 years). His windows are disgraceful, communal carpet is disgusting, I have even offered to pay to replace it in its its entirety, but he refused and only said that I had to leave the carpet up to his property that had been there for 40 years.- I am concerned his reluctance to invest is damaging my properties value. 

What can I do?

grumbler

 

House buying, renting & selling   board is a better place to ask this.

eddddy

stevehec said:

• No longer willing to handle buildings insurance for the property. no problem, I bought my own but but will not share his insurance details with me. I suspect he has no insurance.

What does the lease say about responsibility for buildings insurance?

FWIW, if for example, the freeholder is responsible for insurance but doesn't insure - you could probably sue the freeholder for any losses you suffer as a result.

But if the building burns down, and your lossess are hundreds of thousands, it's very possible that the freeholder won't have that kind of money - so will just go bankrupt.

stevehec said:

• Refuses to enter into dialogue about buying the freehold.

Given the set-up you describe, there is no way you can force him to sell the freehold, or agree to jointly own the freehold with you.

stevehec said:

• Outright refused to fix a leak in his property in a timely manner despite being advised on numerous occasions that it was getting worse, resulting in it leaking through to my property below. Now refusing to entertain conversations about fixing the damage. I got a quote from a local contractor via my lettings agent, Asked for a response after two and responded emails and he responded with a sarcastic comment about Michelangelo..

If you've warned him that a leak will damage your property (ideally in writing), and he does nothing about it - that's almost certainly negligent. So you can claim damages from him (i.e. the cost of repairs) resulting from that negligence.

(That's nothing to do with him being the freeholder - it's just part of English Common Law.)




More generally, if a freeholder isn't managing a building properly, you can apply to a tribunal to appoint a manager to take over responsibility.

Here's some info: https://www.lease-advice.org/advice-guide/what-does-appointing-a-manager-mean/

But you have to show that the freeholder is at fault (i.e. you'll have to say bad things about your neighbour).

You have to serve a notice on the freeholder, with the list of the freeholder's breaches of the lease, for example:

• No insurance
• Concrete block in gutter
• Leak not repaired
• Windows not maintained/repaired
• Carpet to maintained/replaced
• etc

You have to give the freeholder the opportunity to address the issues - but maybe that's good, if the freeholder fixes those things you might be happy, and not want a manager appointed.

NameUnavailable

I'm not sure how you can only insure the ground floor. If the place burns down how will they rebuild just the ground floor? As there's no roof as such your new flat would be open to the skies! Your policy is most likely wrong and invalid if you tried to make a claim, i.e. a waste of money.

You may need to start formal action to make your freeholder meet their responsibilities which is obviously difficult when it's also your neighbour but you have too much at stake if you don't.

Read your lease - that will (should) state what the obligations around maintenance and costs are.

propertyrental

There are numerous examples of flat/leaseowners insuring separately. It's not ideal as
1) most leases require freeholder to insure the building (and pass on the costs), but not all
2) in the eventof major claims, the various insurers can end updisputing between themselves how costs are attributed, especially if on flat is under insured
3) one leaseholder may fail to insure - though it's possible toinsure against this ie you insure your flat, and also take out a separate policy not to insure the other flat(s)but to insure against the eventually of them not being insured

But as edddy says, if the lease requires 1) above, you enforce the terms of the lease via tribunal. Likewise repairing issues and any other failures to abide by the lease. See

https://www.lease-advice.org/faq/what-can-i-do-if-my-landlord-fails-to-provide-information-about-the-insurance-cover-in-accordance-with-the-landlord-and-tenant-act-1985/

https://www.lease-advice.org/faq/what-can-i-do-if-my-landlord-fails-to-insure-the-building/

https://www.lease-advice.org/faq/there-is-damage-to-our-building-that-needs-to-be-repaired-what-can-i-do-to-get-it-fixed/