Absentee Freeholder - repairs needed

Geoff9999

I've bought a top floor flat at auction (which has had it's own problems with solicitors that I won't go into here)

But now I've completed on the purchase and discovered there's a hole in the roof and there's about 40 pigeons up there.

My issue is that the freeholders of the building are currently in prison for abusing the residents. (They also own 22 out of 26 of the leasehold flats in the building) so I don't think they're directly reachable as such. There's a point of contact with the managing agent of the 22 flats, but they don't manage the whole building. They work with the foreign trust that owns the building.

Therefore, should I take out some sort of indemnity insurance? And how do I progress with getting the roof repaired quickly and the freeholder pay for it? If I write to them via the manager of the flats what is a reasonable time for the repair and removal of the pigeons to be completed? Time is of the essence as i have someone who is suffering harassment move in

Also final question it would be the freeholders responsibility to actually remove and clean after the pigeons and not just repair the roof wouldn't it? Because obviously they're there as a result of that

user1977

Geoff9999 said:

the freeholders of the building are currently in prison

the foreign trust that owns the building.

Not sure what distinction you're drawing here between "the freeholders" and the people who "own the building", as they must be different entities (given that a foreign trust can't be in prison!). Can you explain?

People in prison can be contacted, though whether that brings you much further forward is doubtful.

eddddy

Geoff9999 said:

Also final question it would be the freeholders responsibility to actually remove and clean after the pigeons and not just repair the roof wouldn't it? Because obviously they're there as a result of that

Your lease should tell you who is responsible for

1. repairing the roof
2. maintaining the loft space

More generally, the way forward might be...

• 1) You and your fellow leaseholders club together to compulsorily purchase the freehold - that's usually possible, and it usually means that you would jointly become responsible for building repairs etc. (But not always.)

• 2) You and your fellow leaseholders club together to form a "Right to Manage" company and take over management of the building (including arranging building repairs) - that's usually possible

• 3) You apply to a tribunal to have the tribunal appoint a manager - who will take over management of the building (including arranging building repairs)

• Or you can chat with the other leaseholders, and see if they'll all volunteer to chip-in some money to pay for the roof repairs.

You don't need the other leaseholders to club together for option 3 - you can make an application on your own. But you need to demonstrate that the freeholder has done things badly wrong.

I think you're saying the freeholders own 22 of the 26 flats - depending on the precise details, those 22 flats might be ignored for options 1 and 2. i.e. it's only the remaining 4 that need to club together.




Has anyone arranged buildings insurance for the building? If not, and it burns to the ground, you might lose a lot of money.



More info:

Option 1: https://www.lease-advice.org/advice-guide/ce-getting-started/

Option 2: https://www.lease-advice.org/fact-sheet/right-to-manage/

Option 3: https://www.lease-advice.org/advice-guide/what-does-appointing-a-manager-mean/

propertyrental

Geoff9999 said:

I've bought a top floor flat at auction (which has had it's own problems with solicitors that I won't go into here)

But now I've completed on the purchase and discovered there's a hole in the roof and there's about 40 pigeons up there.

You may have a case against your surveyor. What did your survey say about the condition of the roof?

My issue is that the freeholders how many?

 of the building are currently in prison for abusing the residents. (They also own 22 out of 26 of the leasehold flats in the building I believe that means you'd be unable to go down the RTM route to take over management ) 

so I don't think they're directly reachable as such well you can wite to them in prison, but they may not answer!

. There's a point of contact with the managing agent do you mean a letting angency?

of the 22 flats, but they don't manage the whole building. They work with the foreign trust that owns the building.

????? I thought you said above the owners were in prison?! Please clarify.

Therefore, should I take out some sort of indemnity insurance? 

Against what? How will that stop the rain, and pigeons, getting in?

And how do I progress with getting the roof repaired quickly and the freeholder pay for it?

See link below.

 If I write to them via the manager of the flats

It's not clear who yoju mean? You said the 'managing agent' does not manage the whole building so I assume they are a letting agent managng the 22 (rented?) flats?

Is there also a managment company for the building? Appointed by who? The freeholders in prison? The foreign trust owners (though that makes no sense - see above)?

 what is a reasonable time for the repair and removal of the pigeons to be completed? Time is of the essence as i have someone who is suffering harassment move in

No idea what you mean.

Also final question it would be the freeholders responsibility to actually remove and clean after the pigeons and not just repair the roof wouldn't it? Because obviously they're there as a result of that

You'll need to read your lease, but I imaging it is the freeholders' responsibility to fix the roof, remove the pigeons, and make good any damage caused by rain/pigeons etc.

The cost will then probably be passed on to the leaseholders (subject to what the leases say.)

See

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/

gwynlas

The managing agents should help you sort this out ias between you responsible for 23 out of 26 flats. Would a temporary repair make your property water tight until roof can be repaired or replaced for which they might have to obtain quotes and serve notice?