I will try to assist you with this.
Could you explain your situation in a little more detail please?
In particular, what was the abatement notice in respect of but all the background would be really helpful. Thank you.
Who issued this notice against the absent leaseholder? The landlord? I don’t know why you referred to this as £20,000 of fines rather than £20,000 of extraservice charge
I cannot see why this override section 20 in respect of the amount chargeable.
In my opinion, you are absolutely correct, this is nothing to do with the other leaseholders. The landlord brings action against the leaseholder of this property for failing to maintain and ultimately, gives notice of foreclosure on the lease for breach of covenant.
It appears that the freeholder wants to get this work done and the leaseholder of that flat would get the benefit of it at all your cost. If the flat has been abandoned by the Leaseholder for any reason, the correct course of action is for the Landlord to apply to court to forfeit the lease and the landlord then gets the property back to do with it whatever he wishes.
As it appears there are 7 flats all being charged the same amount of money here, it might be an idea of you all got your heads together and put a nominal amount of money into a pot to get a solicitor to write to the landlord telling him that you will not countenance this.
Can I clarify anything for you?
Please rate the service positive. It’s how we get paid.
The thread remains open.
If the absent leaseholder is responsible for this, then the absent leaseholder is responsible for it.
The freeholder however is not enforcing against the absent leaseholder and hence, the abatement notice would be served on both absent leaseholder and freeholder.
The way of dealing with this is for the landlord freeholder to commence foreclosure proceedings for substantial breach of covenant against the leaseholder with a view to the leaseholder forfeiting the lease.
The will then lose the property and the freeholder can grant a new lease.
If the freehold company went bust, then it’s possible to buy the interest from the official receiver for just a nominal amount of money because the freehold is not worth anything usually, or, it is possible to obtain absent landlord policies.
The freeholders need to see a solicitor because this is resolvable and it’s resolvable without the leaseholders having to fork out in the long term.
Please don’t forget to use the rating service so that I get paid. Thanks.