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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2437
Experience:  Over 5 years in practice.
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MadamEarlier this year

Customer Question

Dear Sir/Madam
Earlier this year I received an invaluable legal advice from one of the solicitors in your firm; as a result I won the case against my freeholder. Big thank you! There is, however, a threat of retaliation.
Brief background: I have lived in my flat (No 3) for 21 years. This is a part of old building Victorian which houses three flats. Originally, there was only one freeholder in our establishment and she was marvellous. Unfortunately, she sold her ground floor flat (no.1) in 2005 together with the freehold. As I had just extended my lease with her for a rather large sum of money (on my initiative), I did not buy the share of freehold, which was offered to me. The other two flat-owners did. Of course, I regret it now but it’s too late. The new-comers (flat 1) turned out to be a nightmare and there were continued problems, until they left 2 years ago. Another couple moved in with their ‘inherited’ share of freehold. Sadly, they let themselves be corrupted by the remaining part-freeholder (flat-2), against whom I won the court-case this year. The problems continue, however, with increasing vigour. I love my flat and have no intention to move out under pressure of intimidation.
I would be most grateful if you could give me advice on the following points:
1. Under the benevolent reign of the original freeholder, we had a joint building insurance, the cost of which we shared between three flats. All our names were on the insurance policy. However, her successors erased my name from the insurance policy and I had a considerable problem with processing my claim (I only made 2 claims in 21 years, both due to water escape). For this reason I arranged a separate insurance just for my flat. The latest new-comers, together with the remaining freeholder, have now sat up a new joint building insurance, and my name is ***** ***** it. They demand I pay one third contribution. The ‘deeds’ say that I should pay my share of building insurance ‘on demand’ but it is not stipulated that the insurance must be ‘joint’. I am prepared to pay my share only if my name is ***** ***** policy, on par with the others. Am I right?
2. I paid a regular ground rent (£40/year) to the original freeholder for 11 years. The new free-holders forgot all about it (and so did I), and moved out without asking for the payment. The current 3 freeholders now demand that I pay all overdue sum to them, including what I owe to the already gone freeholders. I think that the money owed should be divided equally between 3 freeholders and I pay what I owe to each. Am I right?
3. There had been serious leaks through the roof to my flat in the winter 2013/2014. The freeholders cynically refused to deal with it. I had to call a roofer to mend the leaks and paid for it (otherwise a serious damage to the walls would have occurred). This year, I was rewarded the reimbursement for my costs by the court. My question is: do freeholders have a duty of care and responsibility to deal with urgent repairs?
4. I have looked after the front garden and front area of our large house for many years for free. With the original freeholder, we had an informal arrangement whereby she also contributed what she could and it worked very well. The current freeholders do nothing. Is there a piece of law that if one person has contributed to the increase of wealth of another by free labour, this person is entitled to some share of the profit, even without the prior agreement?
Eva XXX
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
Sorry, i didn't receive any answer yesterday.
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Yes, I would like to have an answer, please.
Eva
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Perhaps till Wednesday? Thanks for trying.
Eva
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Hallo again,
As I have received no answer to my questions, please refund my payment now.
Eva Cybulska

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