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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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This is with regards ***** ***** property(flat). I have recently

Resolved Question:

Hi,
This is with regards ***** ***** property(flat). I have recently received a letter from my maintenance company confirming that they have ended there affiliation with my freeholder and passed this job back to the freeholder as they have not been able to speak with them. We paid them on a monthly basis and this included all maintenance and up keep of the grounds. However, this all looked after building insurance etc. We now have no maintenance company and where I live in a flat which has 6 flat in this building, the maintenance company also managed opposite which has around 20 flats. So I am stuck as to what to do here and was looking for advice on how to proceed? Do I have to just get building insurance for my part of the building etc. I have no idea what to do about and its left me a bit in a pickle at the moment.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Under the terms of your Lease, no doubt your Freeholder will be responsible for maintaining the structure and communal parts as well as organising block Buildings Insurance, with the proviso that these costs can be claimed back by you and the other Leaseholders. Correct me if I am wrong, but the Freeholder would usually "farm out" this work to a third party- namely the Maintenance Company.

Therefore, even though the Maintenance Company have decided against continuing with the development, your Freeholder is still liable to perform their obligations under the terms of the Lease. Hence, you do really need to contact the Freeholder if you have concerns.

Looking ahead, if you ar enot happy with th eway the development is being run by the Freeholder, provided you all agree, you residents are entitled to apply

to manage the development yourselves (ie for you all to get together and form a Company which then arranges the maintenance and Buildings Insurance). You do not have to prove that the Freeholder has been negligent before making such an application.

The formal name for this application is "the Right to Manage" and there is plenty of useful information concerning it on the Leasehold Advisory Service website- link here- they can also assist you free of charge concerning any ongoing leasehold queries you may have.

http://www.lease-advice.org/

I hope this assists and sets out the legal position to you.

Kind Regards

Al

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