Freeholder acting like landlord

[browncoffeeuk]

I’d really appreciate some advice / a sense-check from people who understand leasehold law and freeholder boundaries.

I own a leasehold 3-bed flat in a Victorian conversion. The freeholder lives in the 2-bed flat downstairs. We are the three flats in the house and he has problems with the other flat too - as well as multiple neighbours in our road.

He has recently complained about a leak to his ceiling from our bathroom. There has been no active flooding, but he says it’s due to our bathroom floor being “damaged” and “not waterproof”.

I have already arranged a builder to:

• Replace the bathroom floor
• Install proper waterproofing
• Lay new marble tiles

And, while everything is up, redo the bathroom (new suite etc.)

Despite this, the freeholder insists that:

He must inspect the works, and

He needs access to my flat to “check” things himself

The issue is that his behaviour has become increasingly intrusive and controlling. He:

• Repeatedly looks for reasons to come into our flat
• Complains about everything
• Is retired and seems to constantly find new issues that “must” be fixed
• Makes us feel like he’s our landlord rather than a freeholder

I live here with two teenage daughters, and honestly we now actively avoid him because every interaction feels like an attempt to exert authority or find fault. There’s no emergency, no refusal to fix anything — just a demand to inspect and oversee.

My questions are:

1. Does a freeholder have the right to inspect works inside a leaseholder’s flat when I’ve already instructed a professional builder to fix the alleged cause of a leak?

1. Do I need his permission to fit a new bathroom, or is this purely a leaseholder matter as long as I’m not altering structure or common parts?

1. Is it reasonable to refuse access and instead provide photos / invoices / builder confirmation?

1. At what point does this cross from “freeholder rights” into harassment or unreasonable interference with my quiet enjoyment?

I’m fed up, to be honest. I just want to feel comfortable in my own home and not like someone downstairs is constantly monitoring us or trying to assert control.

Any advice from people who’ve dealt with similar situations - especially in small Victorian conversions - would be hugely appreciated.

oh god, that sounds awful!

I am not an expert and I know that’s what you want. As a laywoman, I don’t think he has any rights to enter the flat that you own or inspect anything or stop you fitting a new bathroom in orange and blue stripes, if that’s what you want to do!

In the meantime, if he is demanding stuff, can you and your DDs stonewall with the repeated answer “we are seeking legal advice on leaseholder and freeholder rights and we will reply in respect of your inspection requests after we get this advice”

You may want to put your question in legal- you’ve a better chance of getting the right people to see it.

It’s an awful situation.

You need to look at your lease.

None at all, say ‘no’ or don’t reply. You are under no obligation to.

1 - he has no right to inspect
2 - you can do anything you want within your flat
3 - he can ask permission - and it should be in writing with reasonable notice - but legally you can refuse access
4 - you need to firmly and nicely state to him he has no rights of access, he won’t be coming in, and if he keeps on bothering you you may be forced to call the police, which obviously you don’t want

problem is he’s old and bored. Older people can be come very fixated and intransigent. He’s clearly on a massive power trip - with power he absolutely doesn’t have!

legally, and if you have the money , the other 3 of you of you can force him down a road of becoming co freeholders

I live in a Victorian conversion and have it for 130 years, the only thing I need permission for is to replace windows

You will need to check the lease.

Mine had nothing preventing changing room purpose. Eg i could have made the kitchen a bedroom and the living room a kitchen / diner/ living room.

My friend in a similar property needed consent to do similar.

Personally id get very familiar with your lease and boil his piss with it.
Eg lets say he has the right to inspect. When he comes decline entry and explain as per lease you need written confirmation of inspection x days in advance and it shpuld at a mutually agreed time as per clause 7.2.b then close the door in his face.

As a previous freeholder, you need to read your lease carefully. A lot of leases state that the freeholder needs to give permission for works and also has the right to inspect the works.

No one here can tell you that he doesnt have that right as we havent read your leasehold.

Read your Head Lease (should be with your purchase documents) as to the freeholder’s rights and obligations (and your own rights and obligations). Access without much notice in an emergency to safeguard the building would be quite typical, not otherwise. Typical clause for non emergency access would be at least 24 hours notice, but only in specific circumstances.

Thanks for all your reassuring responses. I have written to him and redirected him to our lease agreement. Have also mentioned that I will speak to solicitor next week and will be in touch.

I'm keen to establish clear boundaries so we can enjoy our home in peace. Thanks again.

I'd get a legal professional to read your lease and advise you in writing about each of your specific questions. Then share that with the freeholder. Don't take advice from people on here about what your lease permits.

For example. I would definitely need a licence from my freeholder to do any bathroom works as it involves opening the walls. I also know my freeholder has no right to inspect himself bit does have the right to ensure things are done properly by paying a professional to inspect and charge me for the pleasure.

Keep things really polite and professional. Leasehold disputes are awful and expensive. Do not antagonize or be rude your freeholder at all.

Have you been into his flat to see the damage from the leak? If there has been a leak have you apologised and worked with him to make good any damage you have caused?

We rent a lovely house but have an adjoining neighbour like this who owns - again he’s just retired early 60s and I think is incredibly bored - constantly having ‘bits’ done to the house he bought18 months ago - and always finding fault with stuff on our house like the roof etc , which is not ours to sort , several roofers out later have said, yep it could maybe do with doing in next10 years but nothing imminent wrong with it -

Have you even seen the apparent leak in his ceiling, has he claimed any damage with his insurers, does your bathroom leak.

the lease may say differently....

No lease in this land will give a freeholder complete access whenever they want.
There will always be an element of what is fair and reasonable and he is patently being unreasonable. If your freeholder wants works completed inspected maybe you suggest he appoints someone with the relevant expertise

I owned the freehold to the flat above me and they owned mine. It was written in the lease that we couldn’t change the layout or purpose of the properties. Only allowed access in emergencies.

we also had to ensure the fronts were tidy and up kept with shared costs. But we didn’t need to give consent for any internal repairs. The only time I used my freehold privilege was when he kept fixing his bathroom leak himself that continued to leak into my flat. He managed to flood me.

I insisted he got a plumber or inside be instructing one and billing him. He did that but I had to show him the leasehold. Otherwise a lovely guy