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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I am the freeholder of a building with 4 leasehold flats.

Customer Question

I am the freeholder of a building with 4 leasehold flats. I also own the leasehold of one of the flats myself. Maintaining the property every 7 years has always been an arrangement carried out in a friendly way amongst all 4 flats but this time we have a new leaseholder who is resisting - probably doesn't have the money but perhaps it's more sinister. In any case I have to be formal in my approach and cannot find the correct procedure to inform him of the necessary work that must now be done and to request his contribution to the costs. I believe there is a Section or Act or Regulation that as a freeholder I have to adhere to (provide 30 days notices, 3 quotes etc). Can you tell me the correct procedure. I have to do everything absolutely by the letter, of course, and don't want to put a foot wrong. Thank you, Victoria
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
generally I am very worried indeed about this leaseholders refusal to participate with the other 3 leaseholders (that includes me the freeholder). He is being demanding about the garden insisting it is the "priority" saying it is a mess (it is absolutely not, we have a gardener each month and 2 leaseholders are very dedicated). It's all getting very personal but we're resisting conflict at all costs. My concern as freeholder is that I'm going to have to proceed with the important business of painting and repairing the outside of the house, and getting the money from him after it's finished, through some legal procedure. Nightmare basically. The other 2 leaseholders are fantastic and very supportive.
Expert:  Aston Lawyer replied 8 months ago.
Hi Victoria,Thanks for your enquiry.Could you please confirm how much these works are to cost each Leaseholder, approximately?Kind RegardsAl
Customer: replied 8 months ago.
Hi Al
Am finalising the quotes at the moment and it looks as if it'll be approximately £3 - £3.5 per leaseholder. He is trying to get us to do work in the garden before the house. In his last email he said ..."until this work has been taken care of I will not be participating in the bigger project." He said it was not his "priority". The lease clearly says the work has to be done on a regular basis to maintain the integrity of the house. He knew very well that this work was on the cards as it was declared in the paper work when he bought the flat. I actually said the likely price would be closer to £4.5 then and am in no doubt that this was reflected in the price he paid for his flat.
Best
Victoria
Customer: replied 8 months ago.
Hi Al - I was wondering if you had an answer for me. Thanks, Victoria
Customer: replied 8 months ago.
Hi Al - I have a meeting with the leaseholders this afternoon. I understood that I could have a response within 24 hours and now time is running out. Very stressed. Please help! Thanks Victoria
Customer: replied 8 months ago.
Could you at least let me know if you can help me or not? I have to write the letter over the weekend - it's very urgent now and I have no clue about how to start.

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