Jump to content


  • Tweets

  • Posts

    • urm the link in my post…..
    • Hi, where do I find the standard sticky please, I’ve looked but I think I am missing it 🙄
    • Hi Rei and thanks for the update.   Your post confirms what we're telling folk all the time - Harlands/CRS, Zinc and their pet "solicitors" continue to make demands but they fail to do anything substantial to back up their threats.   Hence our continuing advice to NOT respond to demands by letter, email or phone, because they'll do nothing that will affect your credit rating, or that will force you to pay.  
    • Hi GHL and welcome to CAG   You now have your own thread to use from here on ( to avoid hijacking someone else's thread where you first posted).   I assume there were 2 separate m/ships and not a joint m/ship, but please confirm.   I hope you've read other threads here which should help you understand how Harlands/CRS operate. They use every opportunity to make far more money from missed payments and penalty fees, than what they make from taking a percentage fee from ongoing monthly gym fees.   Yours was a rolling monthly m/ship so you only needed to give them notice to quit but there was no minimum 12 month term. Hence all you owe them is £19.99 each.   Write a letter to Harlands, each of you :- 1. Offering to pay the £19.99 for the notice period you failed to give 2. Offer valid for 14 days only. 3. Offer withdrawn if they fail to accept, or if they demand any higher amount.   Post a draft of your letter here first so we can check it.    Letter(s) should be sent from the PO and get a free Certificate of Posting from the PO Counter.  
    • King I fully understand the mother was living there on her own and only one named on the tenancy agreement.   As for your comment that after informed of the passing in a few days they pack tenants belongings and store them and change the locks this I completely disagree with.   In my are the different HA (and there are many) in a scenario like this will:   Communicate with the executor/family member once informed of bereavement informing them of any succession rights, property to be handed back ( 28 days on being informed of above) if unable to must notify the HA to ask for an extension.   After the 28 days if no contact the HA will then follow its Abandonment Policy.   If contact made after 28 days and no extension has been granted HA will then go to court to claim property back.   Once this is done and no contact off to court to claim property back only then will the enter the property unless in an emergency or legally required i.e. gas safety inspection even then may need to go to court for that to get access.      
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 503 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hey guys,

 

My mother has just received a section 5A offer notice for the freehold on her flat and has asked me to get some advice on what this actually means to her.

 

She lives in a block of four leasehold privately owned flats and each of the owners has just received this notice. The lease on the flats currently have about 53 years remaining.

 

One of the tenants enquired a couple of years ago regarding extending the lease but they were quoted £10k+ which they considered to be OTT.

 

Now they have received this notice and my mother wants to know what it will mean to them should they accept the offer regarding their tenancies and how many years they have remaining.

 

I have read on lease-advice.org and sort of understand how they will collectively take over the freehold should they all (or the majority) agree to do so but what is the situation then? Do they still have the remaining 53 years on the lease or do they own the building and land outright? Obviously I know one of them will not own all the land but it seems rather confusing as to how it works afterwards.

 

As it currently stands they are only charged a token rent which they do not actually pay until they sell up and leave. It is a very small yearly figure anyway.

 

They have contacted a solicitor but have not had the appointment yet so any advice would be greatly appreciated as my mother is worrying about this because she has had enough to cope with recently with the death of my brother. I just want to ease her mind so she doesn't have to worry about this issue.

 

I have scanned the letter and removed personal information.

 

page1.jpg

page2.jpg

page3.jpg

Share this post


Link to post
Share on other sites

Sorry for bumping this but I really could do with some advice as my mother does not know where she stands at the moment. She's a bit worried.

 

Thanks

Share this post


Link to post
Share on other sites

Hi

 

Have a wee look at this link (The Leasehold Advisory Service) Right of First Refusal: https://www.lease-advice.org/advice-guide/right-first-refusal/

 

Have a good read especially of sections 4, 4.1, 5


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

How much is the block valued at?

Is it likely to need major works doing?

Share this post


Link to post
Share on other sites

the landlord is flogging the freehold and has to offer first dibs to the leaseholders.

 

If the tenants (leasholders) agree then they become their won landlored in common and become responsible for the management and repair of the property themselves. If they dont do this as a group any individual can take up the offer and if no-one does the the freehold can be sold to another party who certainly will be looking for a retun on their investment, eihter by asking for a massive amount for a new lease or by developing the land furhter ( another storey).

 

I wouild suggest that she explores this offer with her fellow leaseholders or alone fo they arent interested. If the figue of £250 is correct then that is a bargain as any work that needs doing will need doing regardless. On the downside they/she will ahve to set up a management co to organise all of the wotrks in the future, not difficltl unless you have one PITA that wont co-operate in any way

Edited by honeybee13
Paras

Share this post


Link to post
Share on other sites
Hi

 

Have a wee look at this link (The Leasehold Advisory Service) Right of First Refusal: https://www.lease-advice.org/advice-guide/right-first-refusal/

 

Have a good read especially of sections 4, 4.1, 5

 

Thanks, I'll take a look at that.

 

How much is the block valued at?

Is it likely to need major works doing?

 

Not sure about the value of the entire block, 4 flats probably valued in the region of £90-100k each. Fairly modern building, not aware of any major work that is needed.

 

the landlord is flogging the freehold and has to offer first dibs to the leaseholders.

 

If the tenants (leasholders) agree then they become their won landlored in common and become responsible for the management and repair of the property themselves. If they dont do this as a group any individual can take up the offer and if no-one does the the freehold can be sold to another party who certainly will be looking for a retun on their investment, eihter by asking for a massive amount for a new lease or by developing the land furhter ( another storey).

 

I wouild suggest that she explores this offer with her fellow leaseholders or alone fo they arent interested. If the figue of £250 is correct then that is a bargain as any work that needs doing will need doing regardless. On the downside they/she will ahve to set up a management co to organise all of the wotrks in the future, not difficltl unless you have one PITA that wont co-operate in any way

 

So that figure of £250 is the amount that the freehold is being sold for? That does seem very cheap. I believe that the current occupiers will be interested in buying as the lease is running quite short now. It will largely be dependant on whether there are any other things to consider with them collectively taking over the freehold. I would also assume that they will want to so that an outside party who will only be interested in a return on the investment cannot take over.

 

It sounds fairly complex, as stated they are consulting a solicitor to advise them but I just want to gather as much information as possible so my mother won't be worrying too much about this.

 

Thanks for the advice guys, I'll pass this on to my mother.

Share this post


Link to post
Share on other sites

Hi

 

Another wee link for you to look at:

 

Set up and run a flat management company: https://www.gov.uk/set-up-property-management-company

 

and this one:

 

Right to Manage (The Leasehold Advisory Service): https://www.lease-advice.org/advice-guide/right-manage/#1

Edited by stu007

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

Look they HAVE to offer it to the tenants first so cant see what an outsider will offer until after the tenants have turned their right to buy down.

My advice? buy buy buy if ay all possible.Get the others to agree and form a company to hold the freehold and the leaseholders own it as tenants in common. If the people living there are too stupid to take up the offer then at least those who do and jointly own the freehold can then sell a share to anyone who buys one of the flats taht didnt want to join in> the current holders of those short leases will then kick themselves as they will get bugger all for their flats compared to the value with a new lease and a share of the building.

Also, if the building needs work the new freehold co can get aloan to do the works and every flat then pays into a fund to repay it rather than shelling out a small fortune in one year.

If it is affordable she and the others should go for it.

The cost f setting up a company to manage the property will be around £1000 if you go down the simple route. Raed up on it and then instruct a conveyancing lawyer rather than instructing a lawyer and hoping that what they have drawn up is suitable.

Share this post


Link to post
Share on other sites
Look they HAVE to offer it to the tenants first so cant see what an outsider will offer until after the tenants have turned their right to buy down.

My advice? buy buy buy if ay all possible.Get the others to agree and form a company to hold the freehold and the leaseholders own it as tenants in common. If the people living there are too stupid to take up the offer then at least those who do and jointly own the freehold can then sell a share to anyone who buys one of the flats taht didnt want to join in> the current holders of those short leases will then kick themselves as they will get bugger all for their flats compared to the value with a new lease and a share of the building.

Also, if the building needs work the new freehold co can get aloan to do the works and every flat then pays into a fund to repay it rather than shelling out a small fortune in one year.

If it is affordable she and the others should go for it.

The cost f setting up a company to manage the property will be around £1000 if you go down the simple route. Raed up on it and then instruct a conveyancing lawyer rather than instructing a lawyer and hoping that what they have drawn up is suitable.

 

At the price they are stating it is definitely possible for them to buy, at least 3 out of the 4 tenants are interested anyway. 4th has not been spoken to yet but I would imagine they also would be on board.

 

As stated, I doubt any major work would be needed because it is a fairly modern block.

 

The letter, as posted was only dated 29th January so they still have almost 2 months to sort it. I'm not sure any of them knows what to do but I've linked my mother to this page and I'll tell her to pass the link to anyone else in the block who needs additional information and they can post here to ask any specific questions.

 

Thanks for the info guys and thanks for the links stu007

Share this post


Link to post
Share on other sites

there is another way of buying the freehold and that is each flat wns a share of the freehold. Cheaper to manage but you can run into difficulties if one person then refuses to pay thier share of a roof repair for example as ther others have no way of forcing them to pay up.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...