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Ongoing Freehold / leasehold nightmare.



Binney on acid

Well-known member
NSC Licker Extraordinaire
Nov 30, 2003
2,472
Shoreham
I inherited my mum's flat about 20 years ago and realise that it's never had a lease against it. (My parents were the freeholders of a block of 4 flats, so I suppose it didn't need one). Somehow I have lost the lease to my own flat and I need to extend it (I am the freeholder of the block of 4 flats).

I am having a nightmare with the other 2 leaseholders. I run the maintenance fund. Each property contributes £40 per month, and they clam that I, as the freeholder am responsible for the costs of things like having the communal hallway decorated, despite the fact that I already pay 50% of the entire maintenance contribution! To complicate matters even further, I can't locate any counterpart leases from the 2 flats that I don't own.

I only charge them £100 each to run the maintenance fund & £50 ground rent each per annum. It isn't worth the hassle for £300, which I pay 40% tax on. Can there be another address in Brighton where the running costs are as low? Ironically, it's me, as freeholder that is being exploited!

I need to get the situation re leases sorted quickly, cheaply and efficiently. My health is pretty c**p. The long term prognosis isn't great, and I'm unfit to work at present, due to work related stress. I don't want to leave my partner and daughter with a legal nightmare to unravel. I have hardly any savings, as my money is in my flats.

Anyone on NSC know of a Brighton based solicitor that could resolve this, at reasonable rates, as I simply don't have the cash to throw at this problem.
 

Bold Seagull

strong and stable with me, or...
Mar 18, 2010
29,716
Hove
Julie Latham of Burnand Brazier Malcolm Wilson was recommended to me on this site, and has recently helped with my house sale and new purchase. She and her assistant Claire were always easy to get hold of, and Julie was readily available to talk through things with me. They were reasonable too as I did get other prices. Based on Palmeira Square.
 

Tom Hark Preston Park

Will Post For Cash
Jul 6, 2003
69,788
I inherited my mum's flat about 20 years ago and realise that it's never had a lease against it. (My parents were the freeholders of a block of 4 flats, so I suppose it didn't need one). Somehow I have lost the lease to my own flat and I need to extend it (I am the freeholder of the block of 4 flats).

I am having a nightmare with the other 2 leaseholders. I run the maintenance fund. Each property contributes £40 per month, and they clam that I, as the freeholder am responsible for the costs of things like having the communal hallway decorated, despite the fact that I already pay 50% of the entire maintenance contribution! To complicate matters even further, I can't locate any counterpart leases from the 2 flats that I don't own.

I only charge them £100 each to run the maintenance fund & £50 ground rent each per annum. It isn't worth the hassle for £300, which I pay 40% tax on. Can there be another address in Brighton where the running costs are as low? Ironically, it's me, as freeholder that is being exploited!

I need to get the situation re leases sorted quickly, cheaply and efficiently. My health is pretty c**p. The long term prognosis isn't great, and I'm unfit to work at present, due to work related stress. I don't want to leave my partner and daughter with a legal nightmare to unravel. I have hardly any savings, as my money is in my flats.

Anyone on NSC know of a Brighton based solicitor that could resolve this, at reasonable rates, as I simply don't have the cash to throw at this problem.

Can't you offer all the leaseholders a share in the freehold at a semi-knockdown price? Then you'd personally get some money from them upfront and from there on in, you'd all have equal responsibility for maintenance costs. They might well jump at the offer as 'share of freehold' will probably increase the value of their property. It would also get rid of many of the them-and-us issues arising from freeholder v leaseholder.
 

Official Old Man

Uckfield Seagull
Aug 27, 2011
8,458
Brighton
I'm on the opposite side here, although my Father did own a block which was his 'retirement fund'. Sadly he is no longer with us but indeed sold and spent his retirement fund. I still have a flat within the block and it costs a fortune. EVERYTHING is paid for by the residents and nothing is paid for by the owner. It is undergoing a facelift and costing over £4000 per flat. Get an agent to run it for you. Their costs, of course, are paid for by the residents.
 

Triggaaar

Well-known member
Oct 24, 2005
49,900
Goldstone
I am having a nightmare with the other 2 leaseholders. I run the maintenance fund. Each property contributes £40 per month, and they clam that I, as the freeholder am responsible for the costs of things like having the communal hallway decorated
Yes, the freeholder pays for things like that, but only out of money paid by the leaseholders. You should all be paying a good grand a year to pay for maintenance to the building etc.

I can't locate any counterpart leases from the 2 flats that I don't own.
You need to sort this out. Maybe they've got no lease left either, and you can kick them out :)
 


NeilS

New member
Apr 12, 2012
21
I recently had 6 leases extended on a block which I own a part share of the freehold. I used Kirsty Perryman-Best, Partner in ODT SOLICITORS LLP. 131 South Road, Haywards Heath, West Sussex. RH16 4LY kperryman-best@odt.uk.com www.odt.uk.com
Your situation is of course more complicated but she did a really good, cheap & efficient job for me & I'm sure she could assist.

HTH
 

Binney on acid

Well-known member
NSC Licker Extraordinaire
Nov 30, 2003
2,472
Shoreham
Julie Latham of Burnand Brazier Malcolm Wilson was recommended to me on this site, and has recently helped with my house sale and new purchase. She and her assistant Claire were always easy to get hold of, and Julie was readily available to talk through things with me. They were reasonable too as I did get other prices. Based on Palmeira Square.

Eternal thanks. I have just phoned Julie Latham and spoke to one of her colleagues in her absence. I have emailed her and am optimistic that she'll take it on board when she returns to the office tomorrow.
 


Binney on acid

Well-known member
NSC Licker Extraordinaire
Nov 30, 2003
2,472
Shoreham
Looks like Julie Latham has too much on at present, as she is taking on a colleague's work, who is retiring and hasn't yet been replaced. She has been up front about the situation, but I still need someone who is Brighton based, quality and won't fleece me. Please can my fellow NSCers come up with a plan 'B'.
 

Herr Tubthumper

Well-known member
NSC Licker Extraordinaire
Jul 11, 2003
59,071
The Fatherland
Looks like Julie Latham has too much on at present, as she is taking on a colleague's work, who is retiring and hasn't yet been replaced. She has been up front about the situation, but I still need someone who is Brighton based, quality and won't fleece me. Please can my fellow NSCers come up with a plan 'B'.

I've used Dean Wilson for freehold/leasehold plus other stuff. They come recommended. They have been our solicitors for some time now.
 

B-right-on

Living the dream
Apr 23, 2015
6,154
Shoreham Beaaaach
Are you a member of the NLA? (http://www.landlords.org.uk) its about £100 p/a to join and they have legally trained people at the end of the phone for members only. I've had to use them a couple of times in the past years and they have always been very helpful and spot on on their legal knowledge.
 

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