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We own the freehold. How can we sack HLM?

2

Comments

  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    eddddy wrote: »
    It sounds like you are talking about leasehold service charges, not freehold estate charges.

    The Landlord and Tenant Act 1985 states that service charges for Leaseholders must be 'reasonable'. There is no similar protection for freeholders.

    Hence the government proposals I mentioned in post #4.

    No - the houses in my unadopted road are freehold. So - the fallback position is there of, if the known owner tries to charge an "unreasonable" amount for work - they could be taken to court by us and the judge would decide what was a "reasonable" level.
  • eddddy
    eddddy Posts: 16,405 Forumite
    First Anniversary First Post Name Dropper
    moneyistooshorttomention wrote: »
    No - the houses in my unadopted road are freehold. So - the fallback position is there of, if the known owner tries to charge an "unreasonable" amount for work - they could be taken to court by us and the judge would decide what was a "reasonable" level.

    OK - so you and the owner of the road must have signed a deed or contract to that effect.

    The deed or contract that you signed won't apply to the OP.

    What you describe isn't a legal right for freeholders.

    Again, as I said in post #4, the OP needs read the contractual agreement they signed.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    eddddy wrote: »
    OK - so you and the owner of the road must have signed a deed or contract to that effect.

    Nope...............that's been what my conclusion was from legal type reading after the event when I found out what sort of person the "known road-owner" is, ie old-fashioned and greedy.
  • [Deleted User]
    [Deleted User] Posts: 12,492 Forumite
    Combo Breaker First Post
    we are a group of freeholders and own a common area between us. We started a management company, officially via companies house and employ an accountant. We entirely self-manage, I am actually chair/secretary and in fact, this year, we have been able to reduce the management fee payable by each homeowner. Some jobs are able to be done by ourselves as a group. We each have a very important share of the freehold, an actual piece of paper
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Name Dropper First Anniversary First Post
    kittie wrote: »
    we are a group of freeholders and own a common area between us. We started a management company, officially via companies house and employ an accountant. We entirely self-manage, I am actually chair/secretary and in fact, this year, we have been able to reduce the management fee payable by each homeowner. Some jobs are able to be done by ourselves as a group. We each have a very important share of the freehold, an actual piece of paper


    Absolutely.

    It's getting the freehold for the common areas etc in the first place that is the trick!
  • Jacquetta
    Jacquetta Posts: 6 Forumite
    Ah, ok. So if we can get the freehold off Walton Homes, we could then set up our own?

    The trouble is, we had some hideous covenants etc. written into the deeds, including having to pay HLM 0.25% sale price when we sell our own freehold homes! I can!!!8217;t see they!!!8217;d give all that up easily.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    Jacquetta wrote: »
    The trouble is, we had some hideous covenants etc. written into the deeds, including having to pay HLM 0.25% sale price when we sell our own freehold homes!
    TBF, you would have been well aware of that when you bought.


    Or, rather, you should have been. Lemme guess - you used the developer's "recommended" solicitor, who "forgot" to mention it?
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Name Dropper First Anniversary First Post
    AdrianC wrote: »
    TBF, you would have been well aware of that when you bought.


    Or, rather, you should have been. Lemme guess - you used the developer's "recommended" solicitor, who "forgot" to mention it?

    Not sure how this helps

    The OP is where they are and are seeking advice on how to progress. Being told this is what you should have done doesn't add much

    OP. Yes getting the freehold is the trick, here. But you need to be fairly united, as a group of residents.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    It doesn't help the OP move forward, no. But nor does complaining about the covenants. They are what they are, and they aren't changing.

    But it might help others reading this thread in the future realise exactly why developers "recommend" solicitors. It's not to be helpful to the buyer.
  • Jacquetta
    Jacquetta Posts: 6 Forumite
    We were aware, but expected that for a small charge (£120 per year) we!!!8217;d have a nice tidy communal area, and we!!!8217;d swallow the 0.25% when the time came.

    As were continually ignored by HLM, we are effectively paying money for nothing, other than a street light and necessary insurance for the area.

    The 0.25%, we might not be able to do anything about, but if we can sack them as an MA and create our our, or instruct a competent company, it would be AMAZING!
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