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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the freeholder of two properties one which I live in and

Resolved Question:

I am the freeholder of two properties one which I live in and the other which is rented out by the leaseholder who owns it. I have requested through the estate agent managing the property that the area at the back of the property is cleared up as there is a lot of junk on it including a washing line with the same clothes fallen off it for the last 4 months.
This area has also not been swept and there is a large amount of debris in the corner.
The estate agents have ignored this, what else can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Is it a condition of the lease to make sure these areas are tidy please?
Customer:

yes it is

Alex Watts : Ok, have you spoken with your tenant or written to him/her?
Customer:

It is not my tenant it is the tenant of the leaseholder, I am the freeholder and live in the flat above.

Customer:

The tenant is rude and obnoxious so I email the managing agent who is looking after the property

Alex Watts : Yes but have you spoken with the leaseholder.
Customer:

The managing agent refuse to give me details of the leaseholder.

Alex Watts : But as the freeholder didn't you issue the lease? Don't you have the details
Customer:

No it has been sold since I became freeholder and I was not given details of new owner

Alex Watts : I see. You need to write to the agents formally and ask for the details,or say you will apply to the court for specific disclosure. Give them 7-14 days to respond.
Alex Watts : If they still refuse then you need to issue an application for disclosure.
Alex Watts : You do this by completing form n244
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Alex Watts : There is a court fee of £155 to pay.
Alex Watts : The court will list the matter for hearing and decide whether to order the agents to disclose the details.
Alex Watts : The court is highly likely to.
Alex Watts : You can then also ask for your costs.
Alex Watts : The court is likely to order the agent to disclose the identify within 7 days.
Alex Watts : Then you can contact the leaseholder and ask him to remove rubbish and if he doesn't sue for breach of contract or apply to forfeit the lease.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Can I request that the leaseholder evict his tenants due to ongoing noise nuisance for four months?

Customer:

Sorry also is there an ombudsmen I can complain to about the managing agents who ignore my requests to deal with the noise issue?

Alex Watts : You can only get the freeholder to do this if your lease agreement specifies it
Alex Watts : Ombudsman is here http://www.tpos.co.uk
Customer:

I have told you that I am the freeholder of both properties which is why I asked the question.

Alex Watts :

Yes I understand that, can you not see my response about about what to do?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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