How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKSolicitorJA Your Own Question

UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Property Law Question Here...
UKSolicitorJA is online now

Hallo, Could you help to clarify a point: can a freeholder

Customer Question

Hallo,
Could you help to clarify a point: can a freeholder amend the conditions of lease (made some 20 years previously) without an agreement of a leaseholder? If changes are made, but not officially served on a leaseholder with a possibility of time-limited recourse, is this legally valid?

I am a leaseholder of 20 years and last September I received an informal e-mail from a freeholder with a draft of a Declaration of Trust, from which this is an excerpt:

“Declaration of Trust
The Trustees shall hold the freehold estate in the Property conveyed to them by the Transfer on trust for the tenants from time to time of the two flats known as flat 1 and flat 2 comprised in the Property and the occupier of flat 3 in the Property as demised by the Leases and to discharge the duties and exercise the powers of the Landlord under the Leases. At the date of this declaration flat 3 does not own any share in the Property”.

My flat is No.3. Am I a Trustee or not? Should I have been formally served this document and signed if accepted? I have never received any formal document from the freeholder solicitors.

Since, the problems have arisen as to the responsibilities and the rights of respective parties.
Can you help? I can attach the entire draft if needed.


Yours faithfully,
Eva Corsack
*****@******.***
Submitted: 2 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

No, you would not be a Trustee unless you were named as such in the Declaration.

It seems that you are only being sent the draft for your information, you are not required to sign it or anything, it is a private matter between the freeholder and whoever is being made the trustees of the property.

The leaseholder's approval is not required to the declaration of trust being made by the freeholder but the leaseholder's approval would be required to any variation of the leaseholder's lease unless the lease expressly gives the freeholder the right to vary it without the leaseholder's consent.

May I help further?
Customer: replied 2 years ago.

Many thanks for this. I have one more question:


The wording of my original deeds is rather imprecise. Although it says that the expenses for the maintenance of the building are divided equally between 3 flats, it does not say who arranges the repairs and who chooses workmen. The problem never arose before as there had been a very harmonious co-operation with the previous freeholder. While she usually instigated the repairs, there were appropriate consultations and decisions were made by consensus. Not any more.


Can freeholders impose their decision on a leaseholder (without consultation, without giving any details about prospective workmen or the extent of work to be done) and demand payment?


E.C.


 

Expert:  UKSolicitorJA replied 2 years ago.
It depends on the terms of your lease but the freeholders actions appear to be unreasonable.

All the best
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you!

Expert:  UKSolicitorJA replied 2 years ago.
Welcome
Customer: replied 2 years ago.

I have at least one more important question. For this you might need to know the background of the case (I have a resume) . What is the best way forward?

Expert:  UKSolicitorJA replied 2 years ago.
Please open a new question and ask for UKSolicitorJA only to answer. I am going offline shortly but will pick up your question later.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    453
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1907
    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    846
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    308
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions