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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am one of the Free holders of a property the other

Resolved Question:

I am one of the Free holders of a property the other Freeholder like myself are lease holders of our reppective flats.
It has been necessary to reslate the roof completly. I am paying the full cost of this work to protect my investment. The other free holder has been asked to conform with the terms of their lease and pay half the costs of maintance on the building.
This they are refusing to do as they occupy the ground floor flat.
What should my next action be ?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Do you know if your neighbour has a Mortgage over his flat?

I take it that you have served him with evidence of the cost of the roof repair?

I look forward to hearing from you.

Al

Customer: replied 1 year ago.
There are two mortague lenders to the free holders. I do not have a mortage.At each stage of obtaining quotations for the repairs the other people have been fully informed
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your reply.

With regards ***** ***** action that can be taken against the service charge defaulter, the lease terms must of course state that the neighbour is responsible for contributing to the cost of the communal areas/roof. It appears that he is and therefore I would advise, that he is sent a couple of letters from you (if this has not been done already), requesting payment and advising him that in the event that the payment is not settled within, say seven days from the date of the letter, you will have no alternative but to pass matters onto solicitors. Once the matters are passed to solicitors, if the arrears are still outstanding, proceedings for the collection of the arrears should be instituted in the county court, together with interest and costs (if permitted under the terms of the lease).

On a side note, (and this would be the most cheap and effective action to take) you should write to his Mortgage Lender to see if they are prepared to settle the outstanding arrears. As to whether this approach works depends on the requirements of the specific lenders; most lenders will settle the arrears, others may insist on a judgement being obtained from the county court. You would need to get a copy of your neighbours Leasehold title from the Land Registry website to ascertain the name of his Lender if you do not know. Link as follows-

https://www.gov.uk/search-property-information-land-registry

A simple letter to the Lender explaining that he is in breach of the terms of the Lease, will normally result in the Lender paying you directly or at least writing a snotty letter to the neighbour demanding that he pays.

I hope this assists and sets out the legal position.

If I have helped, please don't forget to rate my answer.

Kind Regards

Al

Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Many t5hanks foryour advice. These are the actions that I had in mind.
Expert:  Aston Lawyer replied 1 year ago.

Thanks.

If I have helped, please would you be kind enough to rate my answer.

Good luck!

Al