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Is There A Governing Body Of Freeholders?
11 Answers
I live in a block of 20 flats. Slowly over the years the breach of lease - sat.dishes flues, washing out etc have littered the estate.
The freeholders admit there are breaches but say they have no funds to chase breaches ( No rent is paid to freeholders)so nothing is being done.
Is there a governing body I can complain to - ombudsman?
The freeholders admit there are breaches but say they have no funds to chase breaches ( No rent is paid to freeholders)so nothing is being done.
Is there a governing body I can complain to - ombudsman?
Answers
1 to 11 of 11
Are you saying the freeholders are not paid anything? i.e. that there is no service charge? If so, who looks after the essential things which can't just be left to deteriorate - the buildings insurance, the cost of lighting the communal areas, major building repairs etc? You need to study your lease in detail. There should be provisions in it for all the above &...
17:44 Tue 03rd Dec 2013
I'm not really sure why you want to refer this to some 'body'. A lease is a legal contract enabling legal action to be taken against those who breach it. A court could order the breachee to pay damages, legal costs and/or put right any breach if it is possible to do so. Forfeiture of the breachee's lease is the ultimate sanction.
Are you saying the freeholders are not paid anything? i.e. that there is no service charge? If so, who looks after the essential things which can't just be left to deteriorate - the buildings insurance, the cost of lighting the communal areas, major building repairs etc?
You need to study your lease in detail. There should be provisions in it for all the above & for a body (often a management company; sometimes a company set up by the leaseholders) to have the responsibility & to collect a service charge for doing so. It could be that in your case this body is a head leaseholder - i.e. the lessor in your lease would be the head leaseholder, who would in turn be a lessee of the freeholder. If that is the case you need to get onto whoever the lessor is in your lease.
If you need help, get onto the leasehold advisory organisation - google it.
You need to study your lease in detail. There should be provisions in it for all the above & for a body (often a management company; sometimes a company set up by the leaseholders) to have the responsibility & to collect a service charge for doing so. It could be that in your case this body is a head leaseholder - i.e. the lessor in your lease would be the head leaseholder, who would in turn be a lessee of the freeholder. If that is the case you need to get onto whoever the lessor is in your lease.
If you need help, get onto the leasehold advisory organisation - google it.
Where I live most houses are in breach of restrictions (eg caravan/taxis/ vans with company name on, walls, hedges) but if the people we pay the ground rent to aren't bothered about enforcing it I doubt anyone else will. I'm not aware of any such body. I don't see who would fund it and give it powers to get things done
A freeholder owns the land itself. For example , the various colleges each own substantial bits of land in the city. But a lot of it has been let, leased, over the years. The leaseholder might have built an office block on it. But the lease for the block, built by him at his expense, might only give the leaseholder the right to be there for 66 years. When the 66 years are up, the whole block belongs to the college, because they own the land , as freeholders, and therefore own everything built on it And you get sub-lessees. The block might be let by the 66 year leaseholder to a company or floors of it different companies, all for terms less than his own lease
Why not form a Residents Association of all tenants. Residents pay a nominal fee to the Assn for membership. A committee is voted in (committee dont pay membership fee). RA will give more power to residents.
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Themas knows about such matters . They are within his professional practice.
I will now add my bit. Such clauses are for the benefit of all who 'own' flats in the block. You should have a management company of some sort, perhaps not legally a company but at least a trust or association, which is charged with the duties referred to by Themas. But, if they do nothing, it is open to you to get other tenants with the same grievances to join with you in suing the offenders. I say 'sue' but it should not come to that. Get a solicitor to write a letter to the offenders complaining of the breaches and reminding them of their duties under the lease and that continuance of breach may, and ultimately will, end in their leases being terminated and their having to vacate without redress
I will now add my bit. Such clauses are for the benefit of all who 'own' flats in the block. You should have a management company of some sort, perhaps not legally a company but at least a trust or association, which is charged with the duties referred to by Themas. But, if they do nothing, it is open to you to get other tenants with the same grievances to join with you in suing the offenders. I say 'sue' but it should not come to that. Get a solicitor to write a letter to the offenders complaining of the breaches and reminding them of their duties under the lease and that continuance of breach may, and ultimately will, end in their leases being terminated and their having to vacate without redress
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