Advice on disputes with our freeholder

BedOfRoses · 1 August 2023 at 4:56PM

My mum's a pensioner and leaseholder of her flat.

The upstairs flat is owned and occupied by the freeholder of her flat.

He wants to take her to court over a dispute and is suing her for £30k.

She is a pensioner, with no income.
She has been to citizens advice, who have said they can't help her in litigation matters.

Is this true? Can't they at least recommend some solicitors who might work pro bono and provide some free advice?

I imagine many pensioners, or people on low incomes, find themselves in a legal dispute.

Is there anywhere they can go to for free legal aid?

MeteredOut · 1 August 2023 at 5:14PM

It might help by giving more details on what this "space" was and how it resulted in the loss of rent for the freeholder.

In what way did she claim the "space".

NameUnavailable · 1 August 2023 at 6:00PM

What do you mean by "A while ago my mum took over and started using some space, being used by the freeholder, as she thought it belonged to her" ?

The space was being used by the freeholder - how did your mum take it over exactly and what 'space' is this ?

A leaseholder doesn't own anything. The lease should state what is included (demised) for the particular flat and what is shared space.

The freeholder can't just suddenly issue a rent demand either. There would have to be previous notices/warnings etc.

saajan_12 · 3 August 2023 at 4:40PM

Feebs77 said:

My mum's a pensioner and leaseholder of her flat.

The upstairs flat is owned and occupied by the freeholder of her flat.

He wants to take her to court over a dispute and is suing her for £30k. - whats the dispute? Has the freeholder broken down what the 30k is based on?

She is a pensioner, with no income.
She has been to citizens advice, who have said they can't help her in litigation matters.

Is this true? Can't they at least recommend some solicitors who might work pro bono and provide some free advice? - does she have home insurance, and does that have free legal cover? Otherwise doubt it would come under most firms' pro bono programs.

I imagine many pensioners, or people on low incomes, find themselves in a legal dispute. - sure, but she as a flat which could be attached and the amount paid upon sale, worst case..

Is there anywhere they can go to for free legal aid?

If you outline what the dispute was and what the 30k represents, there may (likely) be some posters here who can guide.

Also how is this 30k being claimed - is he suing as a civil claim, or adding as freeholder charges? If the former, there would be a hearing where the matter can be heard by a judge before any negative concequences. If the latter, thats more serious and can risk a revocation of hte lease worst case. There are ways to dispute eg via tribunal, but would need to be more proactive.