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Problems with freeholder, can anyone advise?

3 replies

Blue73 · 07/01/2014 20:46

I own a top floor flat and for the past year have been trying to get freeholder to deal with a roof repair. I would have sorted it myself but he insists he wants to only use his tradesman, even though my freeholder is not dealing with the situation. Now the damage has got worse with rain and winds recently and finally he has said he will get insurers in. However, he is dragging his heels still and I don't know what to do. I want to sell the flat as had a baby and desperate to move. If I get solicitors involved will it make the situation worse? Has anyone else had to deal with a crap freeholder?

OP posts:
Nancy66 · 08/01/2014 09:44

if you own the flat do you have your own lease? It's very unusual to have a flat that doesn't as most lenders insist on it.

I would also be very surprised if the roof wasn't a shared responsibility.

check your paperwork.

lalalonglegs · 08/01/2014 09:55

As Nancy says, it would be very unusual for the roof not to be a shared responsibility but, if you are the only person affected by the leak, there is not much motivation for other leaseholders to take action. Are there other repairs that need doing within the block? If so, it might be worth joining together with the other leaseholders to demand action. Unfortunately, if you don't want to go down a legal route then these demands might be pretty hollow.

The Leasehold Advisory Service suggests mediation if you really want to avoid litigation but I would say that, even if you get this problem sorted amicably, it could still be obvious your LL isn't up to the job as there are unlikely to be decent accounts, management etc in place which a buyer's solicitor will investigate. Again, it may be worth speaking to your fellow leaseholders either to buy the freehold or to set up a Right To Manage company which will take away much of the freeholder's ability to dither and ignore.

Blue73 · 08/01/2014 13:32

Hello there, it is a joint responsibility but he won't let me get involved! Going to call the LAS now, thank you for the advice. Cheers

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