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Freeholder - Please help me help my nan

4 replies

ifihavetomove · 24/09/2022 22:30

Hi all - it's just emerged that my nan, who is the freeholder in a house that's now 2 flats, has no idea what that means or what to do. My grandad dealt with all that stuff when they moved in, but he passed away 9 years ago and she's done nothing freeholder-related since as she didn't know she needed to.

The other flat owner (leasehold) is selling and has lots of questions from the buyer about things like fire risk assessment and terms of the lease which is why this has come up. I was 19 when my grandad passed away and at the time my mum helped nan out with paperwork etc, but my mum has since moved away and I'm now the one who helps nan out - but I have no idea what I'm doing.

My nan's mental state has really deteriorated, she is very depressed and anxious and easily distressed. She didn't eat for a week after recieving this phonecall from the leaseholder as she panicked until she finally told me about it.

My question is - I have no idea what a freeholder is responsible for or how to help her (I rent). I've googled around and seen that for example a fire risk assessment of communal hallway should be done every few years which I can help her with...but what else?

I'm currently very pregnant and due to give birth any day and just feeling really overwhlemed - she has now realised that she has responsibilities as freeholder and this is making her panic, have breathing issues, not eat, all of which she refuses to speak to a doctor about and I feel responsible for helping her manage as who else is there? But yet I have no idea what a freeholder is responsible for. Any guidance on where I can start would be really appreciated, sorry for such a long post.

OP posts:
cruisecrazy · 25/09/2022 15:25

I think your best plan would be to consult a solicitor who will give you the correct advice. Without seeing the deeds of the house it is difficult to advise you.

nonstoprenovation · 25/09/2022 15:35

Could you afford to get some legal help?

It's not something that will go away and sounds really stressful if you both try and figure it out, the professional will be able to do this quickly and it could be straightforward for them to deal with and help.

CleopatrasBeautifulNose · 25/09/2022 16:31

My friend is currently buying a property which is lease hold and the sale has been complicated because the freeholder is new to it and there was some to and fro. Such is life.
So, from what I've learnt second hand from this situation is:

  1. That your nan shouldn't panic, if it takes her a while to get the answers together it takes a while and that's just how it is. She is not responsible for if this buyer loses patience, as long as she's doing her best and communicates what she's doing while she collects the information, no more can be reasonably expected. So take the pressure off yourselves (my friend who is the buyer in this situation has waited over 6 months for all the freehold questions to get answered)
  2. If the buyer in this situation has any sense they will use a conveyancer who is knowledgeable on leasehold/freehold matters and they will look after this buyers interests.
  3. The freehold might no longer be an asset she wants as it does come with responsibilities which it sounds like she can't meet (she's basically a type of landlord), in which case she can sell it and it can be someone else's admin. If this has to be resolved before the flat owner can sell then that's just how it is, it's not ideal but she hasn't sought this situation and now it has come to light that might be the best solution as then the new freehold owner can take it on. Maybe the buyer of the flat would take it as part of their purchase (purchase both).
  4. Consult a solicitor to get advice on best next steps. She'll feel better once a clear path is ahead.
  5. https://www.freehold-sale.co.uk/resources/freeholder-responsibilities/im-a-freeholder-what-are-my-responsibilities/
ifihavetomove · 26/09/2022 11:00

Thank you so much everyone, really helpful!

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