Share of freehold - not informed of work needed before exchanging

[Jesssicaa]

Hi, I am having an awful weekend due to my neighbour.

I bought my flat which is share of freehold (between 2 flats) in November 2023 and now my downstairs neighbour has asked me to pay half of some work that was carried out. They sent me the quote which they got back in Sep 2023 and the bill is dated December 2023. They want me to pay around £1200. I was not informed of any building repair by our seller or solicitors before exchanging which happened November 6th 2023 and 2 days later I completed the purchase.

I had no information as to why they needed the work done.

They got a quote in September, they either didn’t pass anything onto my solicitor, or my solicitor didn’t pass on the information to me, would I be liable for the cost?

I know it’s best to speak to my solicitor who dealt with my purchase and I will but it’s the weekend so I cant at the moment but I just wanted to know what my rights are.

Thanks.

I have share of freehold, you are not responsible as It was carried out before you exchanged. That debt is owed by the previous owner. It has probably all ready been paid. Can you contact the previous owner and ask?

as It was carried out before you exchanged

i don’t think it was, though? Op exchanged on Nov 6 and the bill was dated Dec.

Op, has the neighbour got proof that the previous owner agreed to split the cost? And also, why is he asking more than a year later?

He can’t. Even though you are share of freehold you will have a lease. He has to consult with you under section 20 of the landlord and tenant act 1985. The most you have to pay is £250.00 if he didn’t consult.

you also should have had an LPE1 or an FME1 which lists anything coming up. Any known expenditure.

Thanks very much, i feel much better now. I'm pretty sure our previous owner knew nothing about it either.

I have checked the paper work there is nothing about a section 20 and nothing mentioned in the LPE1. Thank you for replying.

Hi @MiseryIn , I received an update from my solicitors, she said the following:

‘It would appear that the seller wouldn't have been aware of the intention of the new purchaser of the other flat to carry out those works. Although it is in the lease that as a tenant or lessee under the lease you need to get written permission from the other freehold that they are happy for any structural work to be carried out, of course as a co-freeholder that does become slightly murky. I'm not a litigation expert but I would suggest that the interpretation would have been that they should have at least discussed it with the other party as a co-freeholder rather than just go and get the work done. That said, of course, it is also a lease obligation that any structural alterations are carried out by the freeholder and that the building is kept in good condition. Again, I'm not a litigation solicitor and they would normally charge at least a couple of £100 an hour to consider anything.

If you want to do any work to the structure again, that should be discussed with them as the co-freeholder but then they will also need to contribute for any works that you carry out. Ordinarily any works would be co-ordinated between you and agreed in advance but it would appear that simply because of the timing of the works and the situation regarding the two flats being sold at similar times that this fell in the gap between that so although your seller should have been informed so then they could have informed you, it would appear that that didn't happen but whether it is worth arguing that and then the cost of an argument involved there, it may well be that actually just paying for the works is the simplest solution that could be then the outcome of any argument anyway.’

So basically, I’m liable to pay because its not worth arguing about? My neighbour completed 3 months before I purchased my flat and our solicitors were in contact with each other at the time, so they could have informed me. They got a quote in September, from my point of view, they had enough time! I Cant believe I need to pay for something I was not aware of or something I could not get a second opinion on.

My solicitor did say that if i need to do structual work in the future then i would need to speak to my neighbour but that does not seem the case this time and does not seem fair. I had a leasehold flat before, i thought a share of freehold gave me more control, i'm so unhappy.

What were the works and what would have been the potential consequences if they hadn't been done? If it's cleat that they were structurally essential then you might decide it makes sense to pay.

If you refuse to pay, your neighbour would have to go to court to try to get the money from you, I think, and it sounds like you would have a reasonable defence.

@JoanOgden Thank you for your quick reply. It seems like they just wanted to change 4 of their windows and 1 lintel at the end 2023, no reason has been given so we don't know really why it was done and I said this to our solicitor but because a lintel is structural then it might be worth paying for it rather than investigating it further but then we should have had an opportunity to check ourselves if we were notified but we didn't get the chance and are now being asked to pay, doesn't seem right to me.

As above. What were the works and would consulting with you change the outcome. Essentially you can fight it but if it went to tribunal, you would need to prove that you were prejudiced by the lack of consultation.

one point to note is that your post mentions “structural alterations” as opposed to maintenance. So I think what was done is key here.

ok so are they asking for a contribution to the lintel or the windows themselves? I would argue in this case I would not pay.
check the lease as to who is responsible for the windows.

Share of freehold can be trickier than straight leasehold. Particularly if there is no Managing Agent. Despite our reputation as money grabbing sharks we tend to stop things like this happening!

The quote was September, you completed in November, the bill was December - when did the works actually happen, does it say on the bill?

That isn't what the solicitor said at all. She said when you weigh up the legal costs of arguing the toss, it may be simpler, cheaper, and preserve neighbour relations if you just pay it. That's very different to saying you're 'liable' because as I said, you'd be arguing the toss.

A lot of this depends on when the work actually started/the neighbour officially entered into a contract to have the work done. Have you seen the final bill? Is it for the full amount or did the neighbour pay a deposit/staged payment before you exchanged?

It's not exactly that you are liable to pay, it's that your legal costs could be more than the amount in dispute. Then there is the risk that you might not win the argument, would pay in the end and still have to pay the legal costs. Then there is also the stress of going through the process. Then there is the likelihood of souring relations with your neighbour and co-freeholder.

I had a somewhat similar situation when I had a share of the freehold flat. The law is not always about what's fair, sometimes it's about what's possible.

Thank you again for the reply @MiseryIn . My lease is vague and does not mention who is responsible for the windows, they are just asking for costs towards the lintel which is around £1200. When i had a leasehold flat and when the freeholder wanted to replace the roof i got a section 20 and the managing agent also called me to discuss it. They did not tell us or our solicitor at the time so a section 20 was not issued which i think should have been if the cost was more than £250, does that not apply in this case?

Thank you for your reply @GrannyAchingsShepherdsHut It does not state when the work was carried out on the bill, i have no idea.

You can stall and ask for copies of all comms/quotes/itemised and dated bills until you know the full facts. Strictly speaking, the neighbour can't have you only being party to the bits of the contract they want you to know (i.e. paying) whilst remaining in the dark about the rest!

Also suspect that this work might have been deliberately timed to fall 'between owners' but until you have all the info it's impossible to say for sure. You may also end up with a tit for tat situation where some urgent and essential work does need to be done, and then the neighbour doesn't pay their share, which is probably partly why the solicitor said what she said.

Presumably you would have noticed new windows and lintel being fitted to the other flat- maybe it happened before you exchanged/completed, in which case you weren’t the owner when the works happened and the previous owner is liable.

Given they obtained a quote in September 2023, I'd ask them for evidence that they contacted the other leaseholder to serve notice of their intention to carry out work and the fact they were expected to contribute their share. If they can do that, then I feel the Vendor should be liable as they've clearly omitted to give full details on sale. If they can't, then tell them they're responsible as there's no evidence they asked the other leaseholder who would have been equally responsible.

Obviously try and keep it amicable as a neighbour dispute is something you'd have to declare on sale and the fact that neighbour is an equal joint leaseholder doesn't bode well.

Why did the work need doing? Was there something structurally wrong with the windows? Why did the lintel need replacing? Was there something wrong with that or was it a case of once the windows were changed the lintel failed? Was there a lintel previously? I sometimes get people knocking on my door saying I have no lintel on my bay window and offering to do building work for a crazy sum. I point out the house is well over a hundred years old and has managed fine without one.

if they have had unnecessary work done of their choosing I’d say it’s definitely on them. If they’ve had necessary work done without consulting you I’d also be very reluctant to pay. How do you know if they’ve actually had the work done, it could all be a big scam?

I'd be getting one of my lintels changed rather than contribute to upkeep of their house. Then I'd feel ok about it

You need planning permission to change windows in a flat (assuming you are talking about a flat). Can’t believe the neighbour would’ve got PP that quickly.

I had a share of freehold flat and it is MUCH easier to get on but I don’t think I understand why you’re paying for their windows?!

I’d also ask them what the works were, why they were needed, who did he agree with to get them done and where’s the evidence of an agreement. It’s is obviously better to try and stay on good terms but I’d want some evidence that there was actual structural work required - that didn’t solely arise because the neighbour is upgrading his own windows.

I'd phone the builder and ask, in the hope that it was before you completed.

@DwarfPalmetto @PsychoHotSauce

Thanks both for your replies.

I do understand what my responsibilities are as co freeholder. I need to contribute to the maintenance costs but on the other hand, the other co freeholder has to inform me as the lease states. I know what my solicitor’s said and the other helpful people here, that it’s better to have an amicable relationship with my neighbour than fighting over £1200. But I am a single mum and I need money for my daughter so I’m reluctant to pay for it if I don’t have to. As my solicitor confirmed my neighbour didn’t inform me of any work that they were planning. I’m ok to pay £250 as they didn’t issue a section 20 for the work though.
Anyway, my neighbours are putting their flat on the market now. After over 1 year, they didn’t ask me to pay for it but now they are selling, they have asked. It doesn’t make any sense that they would create an unnecessary dispute.

@Sunnyside4 @FoxedByACat

Thanks both for your replies.

My solicitors confirmed that my neighbour didn’t inform them of the quote or planned work.

Last weekend, they just sent me the quote and the bill and asked me to pay half of the lintel cost. They didn’t give me any reason why they needed to do the work.

My neighbours are trying to sell their flat now.