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LegalNinja
LegalNinja, Property Solicitor
Category: Property Law
Satisfied Customers: 175
Experience:  Solicitor
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I own a flat. My freeholder is refusing to do the repairs

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I own a flat. My freeholder is refusing to do the repairs necessary and ignoring my correspondence. I may be looking to send them a legal letter to force them to do the work. Do I have to pay the annual fees they charge me, given they don't adhere to the contract?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No. i have records of all interactions (mainly me emailing him with no response)
JA: Where is the flat located?
Customer: London, SE15
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello,

I will be assisting you.

Can I confirm that it is a Leasehold matter that you have?

Customer: replied 30 days ago.

OK thank you.

Please bare with my whilst I type a response.

The law expects Landlords/management companies to act reasonably regarding spending on a building. You are contractually liable to pay services charges if this is stated in your lease.

You may wish to challenge any discrepancy or service charges paid by complaining formally to the Freeholder. You should set out the reasons for your concerns in writing. If no response is forthcoming, you along with other Leaseholders may wish to refer the matter to the First Tier Tribunal (Property Chamber) for a determination. The Tribunal will then decide whether the service charges are reasonable whether or not they have been paid. Guidance on how to go about this can be found here: https://www.lease-advice.org/advice-guide/application-first-tier-tribunal-property-chamber/ Alternatively, you are able to make a Right to Manage application to acquire the right to manage the block if you along with the other Leaseholders are unhappy with the way your properties are managed. You can either set up your own company or employ another management company. Further helpful information can be found here: https://www.lease-advice.org/advice-guide/service-charges-other-issues/ Is there anything else I can help with?
Customer: replied 30 days ago.
Thankyou. I would like to send a solicitor's letter to the freeholder reminding them of their responsibilities and a warning the the next step would be to go to tribunal etc. Something more formal that would kick them into action. Is that something you could help with?

Unfortunately, I do not offer this service on JA but please see below link to a range of template letters that you can use:

https://www.lease-advice.org/template-documents/

You will see there is a template letter you can use called "04 – Chasing letter to repair – action required by landlord". That would be a good start to use as guidance.

May I confirm if there is anything else I can help with?

Customer: replied 30 days ago.
Great - thx
Customer: replied 30 days ago.
Nothing more thx

It's a pleasure. Thank you for confirming.

I would be grateful for a positive rating at the top of your screen for my time. All the best. -LN
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