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New freeholder needs advice !!

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  • New freeholder needs advice !!

    I bought a flat and gained the freehold to the block of three but one of the leaseholders just aint paying and has not for years. Its a long story im happy to share with someone in the know but we have paperwork from previous agent asking him for money and we have been asking for two years now!
    We have spent alot under our obligation as a freeholder but quite frankly cannot sustain the cost without his input.
    Have had a solicitor look at it but said 'it was not clear cut' and advised we get them to look into it more closly but at quite a cost.
    Anyone push me in the right direction?

  • #2
    From what I remember a few years ago, people could lose their flats if they fail to pay for their ground rent.

    I think the law has changed somewhat and you cannot take ownership, but it could be an avenue you could look at.

    Alternatively, take them to the small claims court.
    Community spirited? http://www.AshfieldFOCUS.com

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    • #3
      Hi there

      I am curious as to where this property is located as we deal with a number of clients in a similar situation to yours where the problem is mainly the enforcement of the lease.

      In normal circumstances the obligation to make contributions (Insurance, service charges & ground rents) is detailed in the lease and, as long as the correct procedures and notification processes followed, is enforceable by the courts.

      My advice would be to appoint a managing agent to conduct your responibilities as freeholder, this is likely to cost you n the region of £100-£150 per year (payable by each of the units) but they will be able to enforce the terms of the lease.

      Please get in touch with more details if you need any further assistance.
      www.pssgroup.co.uk

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      • #4
        How long as this person been squatting on the property for, if you do not mind my asking of course. It also sounds like your solicitor is out to take you for a ride so I would suggest looking for another one.
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