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Standard leasehold property conditions outline the responsibilities and restrictions placed on both the leaseholder and the landlord in a leasehold agreement. These conditions typically cover maintenance, service charges, alterations, subletting, and noise levels, and are documented in the lease agreement.
Key Leaseholder Responsibilities:
Maintenance:
Leaseholders are usually responsible for maintaining the interior of their property in a good state of repair, including ensuring any necessary repairs are carried out promptly.
Financial Obligations:
Leaseholders must pay service charges and ground rent (if applicable) on time and in full, as outlined in the lease.
Behavior:
Leaseholders must behave in a way that does not cause a nuisance to neighbors and maintain a peaceful environment.
Alterations:
Leaseholders generally need to obtain landlord consent before making structural alterations or any significant changes to the property.
Subletting:
Subletting may require landlord consent, and some leases may prohibit subletting entirely or only allow subletting of a whole flat, not just a portion of it.
Landlord Responsibilities:
Maintenance and Management:
Landlords are typically responsible for maintaining the structure and common areas of the building, including exterior repairs, insurance, and accounting.
Service Charge Collection:
Landlords are responsible for collecting service charges from all leaseholders to cover maintenance and management costs.
Compliance:
Landlords must ensure they comply with all relevant legislation and regulations regarding leasehold property.
Other Important Considerations:
Lease Length:
Leasehold properties have a fixed lease term, with ownership reverting to the landlord at the end of the lease.
Lease Renewal:
Leaseholders may have the right to extend their lease, but the cost and conditions of renewal can vary depending on the lease and remaining term.
Service Charges:
Leaseholders have the right to be consulted about service charge budgets and to challenge charges they believe are unreasonable.
Ground Rent:
New residential leases are restricted from charging ground rent, with a maximum permitted charge being a peppercorn rent.
So..........
As leaaseholders the people in the flat above MUST keep their property in a good state of repair which isnt happening , so
You and the other two freeholders have the power to ENFORCED the repairing liabilities.
This could end up with the offending leaseholder losing their flat
As outlined here
https://england.shelter.org.uk/professional_resources/legal/home_ownership/leasehold_and_commonhold/repossession_of_leasehold_property
The last paragraph in particular may be of interest
Preventing forfeiture
In many cases, if a mortgage company has given a loan secured on a leasehold property which is subject to or at risk of forfeiture proceedings, the mortgage company may appoint receivers to pay monies owed on the lease in order to prevent forfeiture and protect its security.[23] The amount paid will be added onto the mortgage.