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Can lease holders ask to take over the freehold if the freeholders fail to maintain the building?

J_forest
Posts: 70 Forumite

The situation is
1. The freeholders don't maintain the building and never charged maintenance fee. It's claimed that no money in the management account.
2. At least 2 flats have 900 years lease left.
3. Now the retained part such as roof etc. needs to be replaced. The expense would be over 20K each for all 3 lease holders and the freeholder who still owns 1 flat.
4. Can the lease holders ask to take over the freehold base on the contribution of 20K and the freeholders didn't maintain the building?
5. Would this make a case for the tribunal or someone?
Many thanks
J_Forest
1. The freeholders don't maintain the building and never charged maintenance fee. It's claimed that no money in the management account.
2. At least 2 flats have 900 years lease left.
3. Now the retained part such as roof etc. needs to be replaced. The expense would be over 20K each for all 3 lease holders and the freeholder who still owns 1 flat.
4. Can the lease holders ask to take over the freehold base on the contribution of 20K and the freeholders didn't maintain the building?
5. Would this make a case for the tribunal or someone?
Many thanks
J_Forest
0
Comments
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Any freeholder may sell the freehold. But don't have or to accept your offer. Use a lawyer!0
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There are various routes you can follow....- Get a court order instructing the freeholder to do the repairs
- Use "Right To Manage" - the law usually allows the leaseholders to club together, and take over the management of the building. (But check the Resident Landlord Exemption.)
- See: https://www.lease-advice.org/advice-guide/right-manage/
- Apply to a tribunal to have a manager appointed to take over management of the building - but you have to show that the freeholder has done something wrong.
- See: https://www.lease-advice.org/advice-guide/what-does-appointing-a-manager-mean/
- Club together with other Leaseholders to compulsorily purchase the freehold using 'collective enfranchisement'. That usually (but not always) means you get to manage the building. But you'll have to find the money to pay for the freehold.
- See: https://www.lease-advice.org/advice-guide/ce-getting-started/
1
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