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chatham-chamber
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 13114
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I have 2 flats and the freeholder has done some work and is

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I have 2 flats and the freeholder has done some work and is billing me for the cost of the work and the costs of court fees they accrued not getting the work done in time. how do i find out if i am liable and whether this can be paid through service charges. Please advise as this is the first time I am enquiring
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: i am the leaseholder and i have received a letter from the freeholders solicitor. do i need to obtain our lease details first ?
JA: Where is the flat located?
Customer: in hounslow, uk
JA: Anything else you want the lawyer to know before I connect you?
Customer: no please connect me and lets see where we go from here

Hi,

Have you been paying service charges?

What does your mease state regarding maintenance?

Customer: replied 3 months ago.
never been charged before. We have had the property for many years and no work has ever been done until the council made the freeholder do some work. Major repairs to the back of building staircase changed and guttering throughout. I don't have an up to date lease document. Only one from when we purchased the property.

Hi,

This is probably why he is aiming this sum.

The landlord should have been collecting service charges and using this towards the maintenance and upkeep of the property.

What you may be able to do is question the proposed spend by asking for copies of the quotations received. This may be an area where you may be a to save some money.

However, ultimately, if you do not pay the charges when demanded by the landlord, he can forfeit your lease.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 3 months ago.
how do i find out if i am liable for the costs and also how this should be paid. the lease document i received when I purchased the property is brief and doesn't mention anything about service charges. When purchasing the leasehold flat my solicitor had asked in writing if maintenance charges were to be paid and the freeholders solicitor replied there is no maintenance charge. Now, only recently work has been done and I am being charged costs as well as others. Where do I find out what I am liable for exactly ?

Hi,

The details of the payment you need to make should be in the lease.

If the lease is silent, this can possibly be challenged in the lands tribunal.

Your solicitor should write to the landlords solicitor asking them to explain the charges incurred and provide evidence that these are due from the leaseholders.

At this stage, if the lease is silent on the payment of service charges, I cannot see how you can be compelled to pay.

I hope this answers your question. If so, kindly rate the answer and provide feedback

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 3 months ago.
understood. in anyhow how do I obtain a full lease of the property and how much does this cost ? the freeholder has incurred costs from the courts and is looking to make us pay for this. Would I have to pay for costs that they have incurred in not doing the work in time as the freeholder is stating that the fault lies in all leaseholders not contributing to the work in time ? As far as I was concerned and all leaseholders this was all down to the freeholders not meeting their obligation to upkeep the property and now is just looking to pass all costs on to us. Please advise what I should do to get my answers ?

Hi,

You should be able to download a full lease from the land registry website. It should cost approximately £12.00

The website is: www.landregistry.gov.uk

Under the section Request Official Copies.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks

chatham-chamber and other Property Law Specialists are ready to help you