Share of Freehold Issues

Lindrick23

I am seeking advice for a problem I am facing with the management of a building that has been converted into four separate flats called the Terrace property. The freehold is owned by three of these flats, while one is a leasehold. There is no clear structure for managing the building, and essential repairs are not being carried out. Furthermore, the building does not meet the current fire regulations, as there are no fire doors in the other flats. I have installed fire doors in my flat, but there are no working lights in the communal hallway. It is a Victorian-style building that needs repairs to meet the necessary safety standards.

Additionally, the freehold owns a small area of land at the front of the building where wheelie bins are kept for other properties. However, the basement flat owner argues that the bins block their light, so they insist on keeping them on the pathway to the main front door, which is causing inconvenience. I need guidance on the best way to ensure that repair works are carried out and that the building meets the safety standards. 

gwynlas

All the  flats are leasehold if in England or Wales despite three owning  freehold so all should contribute to service charges and pay for upgrades as necessary. It is  difficult to get people to take responsibility when they are used to the staus quo and not having to pay out money. What happens regarding building insurance and repairs at the moment? It should be possible to geta H &S check regarding fire doors and emergency lighting as you are all potentially at risk. Regarding bin storage it should be negociated by if it does block light it is probably better left as is/

Albermarle

Lindrick23 said:

I am seeking advice for an issue I am facing with the management of the buildingTerrace property that has been converted into four separate flats. The freehold is owned by three of these flats, while one is a leasehold. There is no clear structure for managing the building, and essential repairs are notut. Furthermore, the building does not meet the current fire regulations, as there are no fire doors in the other flats. I have installed fire doors in my flat, but there are no working lights in the communalure that repair works are carried out and that the building meet I reside in. It is a Victorian s the necessary safety standards. Additionally, the freehold owns a small area of land at the fr being carried o hallway. I needont of the building where wheelie bins are kept in other properties. However, th guidance on the best way to ense basement flat owner argues that the bins block their light, sokeeping them on the pathway to the main front do they insist on or, which is causing inconvenience.
Thank You 

It is quite difficult to read your post. Is it possible to repost it ?

eddddy

Unfortunately, a badly managed 'share of freehold' can be a nightmare.

I think you're saying the set-up is like this:

• There are 4 flats - so there will be 4 leaseholders

• 3 of the leaseholders are also joint owners of the freehold building

(Estate Agents tend to call that set-up: 3 share of freehold flats, and 1 leasehold flat. But that description can sometimes confuse people.)


And it sounds like the issues are:

• The 3 joint freeholders aren't maintaining the building

• There's a dispute about where the bins should be kept

Are you one of the joint freeholders?


Ideally, the joint freeholders should have signed a 'Declaration of Trust' when they bought the freehold. That would be a document that explains how situations like this should be resolved.
See: https://www.lease-advice.org/article/share-of-freehold-when-joint-owners-should-consider-a-declaration-of-trust/


If no 'declaration of trust' exists, the main options are:

• 1) Try to negotiate a solution with the joint freeholders

• 2) Go to court to get a court order that instructs the joint freeholders to do the repairs (but that might cost hundreds or even thousands in legal fees).

• 3) Apply to a tribunal to appoint a Building Manager. The Building Manager will take over responsibility for managing the repairs to the building. (Again, there will be a chunk of legal fees, plus increased service charges to pay the building manager's fee.)

People sometimes suggest serving a legal notice on the Joint Freeholders that you intend to do option 3 - and then the Freeholders get the repairs done, to avoid a manager being appointed.
See: https://www.lease-advice.org/advice-guide/what-does-appointing-a-manager-mean/

Lindrick23

gwynlas said:

All the  flats are leasehold if in England or Wales despite three owning  freehold so all should contribute to service charges and pay for upgrades as necessary. It is  difficult to get people to take responsibility when they are used to the staus quo and not having to pay out money. What happens regarding building insurance and repairs at the moment? It should be possible to geta H &S check regarding fire doors and emergency lighting as you are all potentially at risk. Regarding bin storage it should be negociated by if it does block light it is probably better left as is/

Hi, Thank you for your help. At the moment no repairs are getting done apart from when I do them myself. Unfortunately, nobody wants to spend money. Building Insurance is split 4 ways when it's due. Who would I approach to carry out a H&S Check?
Many Thanks