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Flats - Freeholders and Long-lessees

Do you own the freehold to a building and under the terms of the lease your long-lessees are:

  • Failing to contribute to service charges and/or a reserve fund for the proper maintenance of the building?

  • Failing to pay ground rent?

  • Causing difficulties with your local authority regarding health and safety issues in the building?

Do you have a long-lease for your flat but the freeholder:

  • Seeks to charge you again for maintenance work completed and paid for at an earlier date?

  • Seeks to overcharge you for money due under the terms of the long-lease?

  • Fails to carry out maintenance work to the structure of the building that they are responsible for?

or

  • Are you experiencing a nuisance caused by another flat owner in the building, making your life a misery?

Disputes regarding obligations contained within long-leases, and what should be paid towards the maintenance and upkeep of buildings containing flats, are a common occurrence.

If so we will:

  • Assess your situation and advise you on the best way to lawfully resolve the situation.

  • Handle the paperwork to save you time and stress.

  • Serve the necessary notices.

  • Attend the Court or Tribunal to represent you.​

Examples of cases that we have resolved:

Case 1. Our freeholder client was obliged to install a new fire escape in his building at considerable expense. One of his long-lessees sub-let their flat and refused to contribute towards ground rent, service charges, and the cost of the fire escape, in breach of the terms of the lease. We attended court, and secured an order bringing the long-lease to an end. The owner of the flat made a last-minute application to the court, instructing a barrister who sought to reduce the sums payable by his client and re-instate the long-lessee's claim to the flat. We recovered the full amount of the monies due to our client, our client's legal costs in full and subsequently a successful eviction.

Case 2. The managing agents of our client's building failed to secure money payable by a long-lessee who was sub-letting his flat in our client's building. The long-lessee complained of a damp problem and withheld money payable to our client under the terms of the lease.  We were instructed by our client and recovered the full amount of the service charges, ground rent and the expert's costs for our client's surveyor, in addition our legal costs in full, all without the need for Court proceedings.

Case 3. Our client, who owned a top-floor flat in a building, shared the substantial cost of a new roof to the building with other flat owners. Sometime later, rainwater began to seep into our client's flat to the extent that plaster fell off the internal walls and our client became ill, due to the air in her flat becoming cold and damp. The freeholder instructed solicitors to threaten to take our client to court stating that he would bring the terms of the lease to an end if she failed to pay for more work on the roof. The first solicitor that our client instructed failed to take action. We were instructed by our client. Without the need for Court proceedings, threats against our client were withdrawn and the roof was repaired without additional expense to our client.

Case 4. A flat owner decided to instruct us when she received invoices created by the freeholder overcharging her for sums due under the terms of the lease. The invoices, unsupported by evidence, aroused our suspicion and after further investigation, proceedings were issued in a Tribunal. This resulted in a successful determination that our client was not liable for any further payments, over and above those already made on our advice.

Case 5. The owners of a flat immediately above our client's flat removed carpets and underlay required within their lease and installed laminate flooring. Our client was constantly disturbed by noise from the flat above as a result. We were contacted and instructed to resolve the matter. We resolved the matter for our client.

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