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Found 9 results

  1. I've been living in a block of four flats with a social housing provider. flat for was "privately owned". unfortunately she died and the property was "sold on". the new "owner" has made my life, and the two other tenants life a complete misery for 11 months with no end in site. Front door left wide open by builders resulting in missing post and parcels communual areas are a disgrace and are getting damaged-were paying a service charge for nowt they can start work at 6am working right through until 2am building materials dumped in basement,which I went flying on they climb on my roof and throw paint and plaster all over treess in a conservation area etc etc etc our social landlords has insisted for months "we are not the freeholder, we cant do anything" and that's that. so ive done some digging and as it transpires they ARE the freeholder, the new "owner" is a leaseholder. That means the social landlord has consistently lied to all of us on multiple occasions both verbally and in writing. the leasholder has also stated to me in writing and verbally to a neighbour "I'm the freeholder" but they are not!!! Its gotten to the point were I snapped .... the police were called and my doors smashe din to gain entry. Whos responsible here? my landlord does nothing and washes their hands of it. My neighbour has had her celing cave in twice owing to the works. She had to stay ina hotel for two weeks and was not reimbursed. the list of whats been going on goes on and on and on.
  2. nb. subject should be freeholder not leaseholder Hi, in a nutshell we are trying to get information on ground rent owed to freeholder and monies we believe owed to my partner (leaseholder) from the freeholder and not sure what action to take next. Here's the timeline and more information: Dec 2013 Roof of my partner and her then husband (we'll call him Gru) leaks resulting in exterior and interior damage to property Freeholder refuses to make insurance claim as behind on ground rent despite not providing my partner and Gru with required invoices for ground rent Decision made to have work carried out by partner and Gru and pay contractors directly March 2014 Up to date on ground rent Freeholder makes insurance claim Insurance payout agreed by Gru and paid to freeholder - £975 Insurance payout not forwarded on. Not chased due to personal circumstance including partner not living at home. At some point a verbal agreement on paying ground rent was reached with Gru while he resided at the property which my partner was not party to. Still no invoices from freeholder for ground rent. My partner moved back into the property in February 2015 and Gru moved out. May 2015 Letter hand delivered to freeholder (he's local) requesting payment of insurance money June 2015 Second letter sent to freeholder, same as above August 2015 LBA sent to leaseholder threatening court action September 24th 2015 Email sent to leaseholder in last ditch effort to stave off court action September 25th 2015 Reply from freeholder intimating an amicable solution regards offsetting ground rent and insurance payout October 12th 2015 Chased freeholder for information October 19th 2015 Chased freeholder again for information October 19th 2015 Freeholder replied advising still looking for some of the information October 20th 2015 Polite confirmation What action should we take next? I'm aware it's good to show effort to mediate before jumping in with court action and freeholder has shown his desire to counter-sue for ground rent, even though he appears unable or unwilling to provide us with information on how much we owe for ground rent. Not even sure if he can hold onto the insurance money in lieu of ground rent. Any help and advice greatly appreciated. Thanks, Kris
  3. I'd really love to know if anyone has knowedge of building rules with regard to blocking a front door within a block of flats. My local authority freeholder is electrical rising works on me and I have walked out of my front door onto the common hallway this morning to discover chalk marks on the lino of where they intend to install - 13 inches in front of my front door. So basically they intend to put a box with electrical cables about 13 inches away from my front door on the LHS ( side with hinge) as you exit. The markings suggest a box 18 inches by 8 inches protrusion from the wall which is at right angles to the door( if that makes sense). Are there any building regs etc that could possibly stop them placing this there. At the moment I can't telll for sure but it looks likely it will make it more difficult to get my buggy etc in and out of the door (not impossible but certainly much less easy) I am pretty much in anguish over this project and this is the final straw - if it looks bad right outside the front door it might make it harder to sell the property and I have no choice to sell because I cant afford the works forced on me. This was their solution as to how I pay the bill, even though I'm on my own with a one year old! Bill is £10k of of works on me alone this financial year, with an additional £3k to go outside contractors ( who I must pay contract and pay seperately, although Freeholder's electricians will cut off my electricity if I don't do it, because it wont math their upgraded electrics.) I am also being forced to pay for further works next financial year of £3-5k ( they've refused to give proper notice of the next bill to come). Anyway. the workmen are here with their drills today ( only got notice at 5pm last night drilling today) so if anyone knows of any urgent way to stop them blocking the door thats most urgent and I'd really appreciate it.
  4. Hi, I was wondering if anybody could help me with my situation as per below. Any support or guidance would be gratefully appreciated. I was summoned to Croydon County Court on 24th June 2014 for refusing to give Croydon Council Permission to fit a front door to my leaseholder property, on the grounds I cannot afford to pay for it. Myself and my ex partner purchased the property in May 1990. For the last 24 years the council have refused to paint the front door and when I complained I was told that the door was considered a fixture and not part of the structure of the building therefore the upkeep of the door was my responsibility. They claimed they were only responsible for painting the frame of the door as they considered this to be part of the structure and not a fixture. After being informed of this I took it upon myself to purchase and erect a maintenance free UVPC door approximately 15 years ago. In March 2012 I left the property due to domestic violence but I am still paying the mortgage, service charges, water rates and buildings insurance. My ex partner still resides in the property but has no income and is a chronic alcoholic. I work and earn £575.00 monthly and cannot afford to pay the £912.00 the council are asking to carry out the work. I already have substantial debts due to my circumstances. I wrote to Croydon council on the 24th Jan 2012 informing them of my situation and reasons why I could not afford such costs. The property is a three-storey block containing 6 flats all with balconies and my property is a ground floor flat. The lease does not clearly state who is responsible for the door (the councils solicitor admitted this in court). Croydon Council wrote to my mortgage provider Santander who then contacted me in relation to the matter. I explained the situation and they agreed door was my responsibility and have had no further contact. I tried to obtain legal aid, but was told as I work and own a property I was not entitled to any assistance. So low and behold I tried to represent myself not really knowing what I was getting myself into! I found it to be a very frightening and traumatic experience. It was the judge who suggested I contact the Pro Bar Bono Charity to see if they could assist me as he had adjourned the case until 1st August. I went to C.A.B but they were unable to refer me to the Pro Bar Bono and gave me some Solicitors numbers but after contacting numerous solicitors, leaseholders advisory services, MP's ect I had no luck. I appeared in court yesterday and unfortunately lost my case. I obtained a copy of Croydon Councils Official Leaseholder Guide (published in 2007 but is still in circulation) from Croydon Councils offices on the 16/7/2014 which clearly states “Your Responsibilities as the Leaseholder – external doors to your home (but nor door frames)” . This is of course contradictive to the injunction that was granted by the judge at Croydon County Court. Croydon Council made a full admission in court that up until 2010 the door was the leaseholders responsibility. They then claimed in court they had sent letters notifying all leaseholders that the responsibility of the door was no longer that of the leaseholder and was now the responsibility of the council. In court, THE JUDGE ASKED CROYDON COUNCIL IF THEY HAD A COPY OF THIS LETTER TO WHICH THEY SAID NO. The Council admitted they did not have a copy of the letter and were unable to give the court of a date the letter was drafted. I never received a copy of such letter. I feel this letter is of great significance in this case and as the council could not prove it was sent out I should not have lost my case. I attended two court appearances 1 hour each and as a result I now have an injunction ordering me to allow Croydon Council to change the door and £11,000.00 worth of costs set against me. I have tried my best not to get myself into the original £912.00 worth of debt Croydon Council quoted for a new door that I knew I couldn't afford to repay. This situation has left me in £12,000 worth of debt that the judge labelled as “very reasonable” Thanks for taking the time to read my post, any assistance or guidance in relation to this matter would be very much appreciated.
  5. Hi all, My freeholder is being an ass (to put it lightly) as I am pushing his hand to attend to urgent external repair works which have caused damp to come into my home for well over a year. He is trying to make my life difficult by enforcing random lease clauses he has never bothered with in 7 years. One is in relation to him being able to inspect my property and ask for repairs to take place. I live in England – so if any of you lovely people know the law and could help me out I would be ever so grateful. I have done some research online and found some answers. His demands and my notes below. 1. The windows do not have window restrictors fitted, therefore causing a serious safety risk. Window restrictors must be fitted to all windows. ------I believe current regs only apply to new builds – if you know otherwise, please do let me know? Windows are double glazed with a handle you turn – the bottom half of the window then tilts out to approx. 45 degrees max. (we are on the first & second floor above commercial premises) It is not stated as a requirement in the lease. 2. On the day of the inspection we were unable to see the spur switch to the oven. All appliances should meet the health and safety standards. We require the gas and electrical certificates. ------I need to try and find the spur over the weekend Am I obligated to provide him with gas & elec certificates? It is not stated as a requirement in the lease. 3. The electric meter and main fuse switch box are also not positioned as per the legal height requirements. They should not be higher than eye level and should be easily reachable without the aid of a ladder ------ I already know current rules and regulations are only applied to new builds as it would be impossible to retro-enforce the law Am I still required to alter though? 4. Remove the key operated door locks from the bedroom doors and replace locking mechanisms which do not require a key to open the door from the inside in order to aid escape in the event of an emergency. ------ Re: Internal flat locks - all rooms in the house have door handles with a key that turns a look (where the key can be removed from the lock). Aside from the WC & Shower Room we don’t actually use the locks, however is there any legal regulations on whether or not I can have these on internal doors (including the WC?) ------Re: the Lock on main door / communal entrance - Ironically this door to the building which is within the freeholder’s remit does not have a snib lock and requires a key to open. It’s the only escape route so if there was a fire and we couldn’t find the key we would be unable to leave the building. Are there any rules & regs regarding external / communal doors and the lock required? Thanks in advance, won’t let the bugger bring me down!
  6. My first time so I hope this is the right forum. I am the freeholder of a property with 5 flats. I also own 4 out of the 5 flats. I have a highly regarded management company (MC) complying with necessary laws & regulations. The lady (leasholder) of the 5th flat has been nothing but trouble over many years. She has always been late on paying service charges and almost every year the MC recovers the money from the the mortgage company and/or small courts route. This year (2013) she hasnt paid at all. She asked many questions of the MC and they answered everything she wanted. Annual Budget, Certified Accounts etc. The MC has been sending her notices and she finally says she wants to go to court. The judgement is set for 18th December. I have no idea on what she could be using as her defence. The MC company are using solicitors and will attend/prepare for the courts. Being just a small block - I am not sure how well the MC will preapre/defend. They nirmally manage 100+ Unit Blocks. Is there anything I could be doing to ensure success? I have been very good with the lady - but has never really cared. Being on a high floor, she has had many water leaks that she has never fixed properly and it keeps happening. Once the whole ceiling in the flat below her collapssed. The leak kept on happening - and the insurance kept on paying for the repair. I have dozens of photos of the damage. In teh car park she awlays makes sure she doesnt park in the slot allocated to her - causing issues with other residents. Anyway - guess all this isnt that important. Just dont want her to get away on some 'technicality'. All 4 flats are paying and she is not. Any suggestions/advice would be very much appreciated
  7. Hello all I am not sure I can be helped here but any advice would be great please. I am a shareholder/leaseholder of a flat in a block of seven. The ltd company is limited by shares and right now has just one director. who's flat is directly beneath mine. In January 2013, while my flat had been empty for a month or two while I was working away, there was a leak which damaged the ceiling below and the cost of repairs came in at around £1,500 which I paid from my own pocket. A month or so later, it emerged that the damage may well not have been caused by my flat but as a result of issues with the fabric of the building and so, had this been known at the time, the director should have made an insurance claim and I would not have been involved. I have contacted the director several times in a polite way to explain the above and have asked for the details of the insurance company at the time. (It is now another insurance company) so I could make a claim direct. Or that he refund me the monies I paid him. He had responded to none of my letters or emails and not collected 3 recorded delivery letters. I feel I should maybe make a claim via small claims but am unsure if this is the best step, and if there is an alternative? Could someone lend a hand please? Thanks
  8. In 2013 my mortgage lenders have been approached**by the freeholder informing them of a 2012 LVTribunal determination to pay for service charges arrears (which we still dispute) amounting to almost £12,000. The Tribunal determined we had to pay for £12k plus some of the freeholder legal costs. To that bill the freeholder added a bill of almost £100.000 to cover his costs awarded against the leaseholders increasing our service charge bill to almost 20k per flat. We presented two appeals in 2012 (to the LVT and to the Upper Tribunal) both rejected with great surprise given the evidence available. I must add that there is no County Court injunction to back up the tribunal determination and I have never received a section 146 Notice from the freeholder. I contested the services charges bill explaining to the lenders all the reasons why we dispute the service charge bill and I informed the lenders that they were refused the authorisation to pay the freeholder's bill explainin also stating that the case is still in dispute as a judicial review case was going to be filed (it is filed now). In the last two months I asked the lenders to provide the lawful evidence authorising them to pay on my behalf and against my will. So far, no replies from them after 2 months and 4 letters. I also added that I would sue the bank if they pay the sum.* In March 2013, surprisingly for us, the lenders decided to pay anyway adding the sum to my mortgage with interests**to protect 'its security' as they claimed that they were presented with a section 146 Notice by the freeholder. How is it possible that they took the responsibility to pay on my behalf without a successful County Court Injunction determination and without me receiving a section 146 Notice by the freeholder? I am aware that if the alleged breach relates to arrears, you cannot serve a valid section 146 notice where the amount of service charges, administration charges or ground rent owed (or a combination of all of these) total less than £350, or have been outstanding for less than three years.* In actual fact not only the £12k bill issued in summer 2012 is not more than 3 years old but also the legal costs (7k) were added by the freeholder only in late in 2012. Given the FSO bad reputation for handling cases against consumers I will have to start legal proceedings against the lenders because I do not believe that they could act in a such way without having and providing us with the lawful evidence necessary? Thanks in advance for any opinion if you have any, tired Gullyver
  9. Hi, we have recently purchased outright (no mortgage) our own property and we have some service charges that we havent quiblled..But there is outstanding debts from the previous owner.One is for roof repairs to the flat roof above dated march 2011 (which previous owner was in dispute with the council for). The council are saying we are liable for this work as the debt stays with the property. Also there are.Est service charges for july - sept 2012.... We did not complete all paperwork untill january... My question is are we liable for a debt as old as march 2011 which the previous owner still lived here for at least another year untill march 2012...?..... Thanks for any help...
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