Any legal people out there? (1 Viewer)

[hotrod]

Hi
I live in a flat and unfortunately I cannot get any answers from my freeholder with regards communal electricity charges, buildings insurance or implementation of the lease ie maintenance problems.

Has anybody had any similar problems or can anybody suggest any action I can take? For example would I have a case for a Small Claims Court action to force them to respond.

If possible I do not want to involve solicitors as this will push my costs up.

Regards.

 

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[Rusty Trombone]

What does the lease say about the timescales for providing you with cost information? If they don't provide the information in time, then you shouldn't have to pay, although without knowing the full terms of the agreement in could be difficult to advise accurately. Again the terms of lease will give an indication about the maintenance situation.

Try this website for general advice Home - The Leasehold Advisory Service

 

[hotrod]

What does the lease say about the timescales for providing you with cost information? If they don't provide the information in time, then you shouldn't have to pay, although without knowing the full terms of the agreement in could be difficult to advise accurately. Again the terms of lease will give an indication about the maintenance situation.

Try this website for general advice Home - The Leasehold Advisory Service

Hi RT

Thank you for response. I have read through my lease and unfortunately there is no mention of any obligation on the free holder to answer any questions.I would have thought there was some legal obligation as how else can you get anything done, such as repairs to the property.

Regards.

 

[chiefdave]

Presumably if nothing is being done by the freeholder you're not paying into any fund for maintenance and repairs? You'd have to pay for them anyway so, depending on how many people we're talking about and how cooperative they are, you could get everyone together and either sort things out yourself or get someone in and split the cost.

You might also want to look into buying the freehold. There's a method these days for leaseholders to purchase and there's not much the freeholder can do to stop it. Would be worth looking in to.

 

[hotrod]

Presumably if nothing is being done by the freeholder you're not paying into any fund for maintenance and repairs? You'd have to pay for them anyway so, depending on how many people we're talking about and how cooperative they are, you could get everyone together and either sort things out yourself or get someone in and split the cost.

You might also want to look into buying the freehold. There's a method these days for leaseholders to purchase and there's not much the freeholder can do to stop it. Would be worth looking in to.

Hi Chief

With regards your first paragraph, that is ok as long as everyone will agree to the repairs and are prepared to contribute their share, that is why I need a response from the free holder in order to enforce the terms of the lease.

With regards buying the free hold that is a non starter due to a couple of lease holders who do not have the necessary finance.

Regards.

 

[Rusty Trombone]

Hi RT

Thank you for response. I have read through my lease and unfortunately there is no mention of any obligation on the free holder to answer any questions.I would have thought there was some legal obligation as how else can you get anything done, such as repairs to the property.

Regards.

Sounds as though the lease is a badly drawn up one, I'm surprised your solicitor didn't query this when you were buying the leasehold. You and the other leaseholders may have the right to manage the lease yourselves, and cut out the freeholder, see section 3 of this in case you don't meet the requirements Right to Manage - The Leasehold Advisory Service

 

[Otis]

Hi
I live in a flat and unfortunately I cannot get any answers from my freeholder with regards communal electricity charges, buildings insurance or implementation of the lease ie maintenance problems.

Has anybody had any similar problems or can anybody suggest any action I can take? For example would I have a case for a Small Claims Court action to force them to respond.

If possible I do not want to involve solicitors as this will push my costs up.

Regards.

I would ask Grendel. He's an expert on everything.