The Virtual Pub
Come Inside... => Saloon Bar => Topic started by: Nick on June 21, 2012, 03:17:23 PM
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I own a lease on my flat. It seems an error was made by the freeholder's lawyer and I have a claim by accident on a patch of land adjacent to the main building which I was unaware of. Someone wants to buy it. He can't because of the error. The freeholder is trying to flog it on the quiet. SHe can't do that
The legal complications are frightful and not helped by the other 4 leaseholders who have gone into headless chicken mode Banghead
I am losing track of who is trying to screw whom cussing:
Lawyers beckon cussing:
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This is your chance to hold your bit of unexpected land to ransom ... see how much the freeholder will pay for you to assign it back to her. Sinister:
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Oh, it strengthens our hand all right eveilgrin:. I have a 20% stake in a piece of land I had no knowledge of. As I said, the other leaseholders are running off in all directions at once cussing:
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Buy a megaphone and explain it to them quietly ;)
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It is going that way, but there are complications noooo: There is a possibility that we could also own the freehold of the land. It's complicated cussing:
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Put a caravan on it ...they'll soon want to sort it out then :thumbsup:
In fact invite Growler to stay in it too lol:
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Banghead Banghead Banghead Banghead Banghead cussing: cussing: cussing: Angry9: Banghead Banghead
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That doesn't look like gratitude to me noooo:
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Put a caravan on it ...they'll soon want to sort it out then :thumbsup:
In fact invite Growler to stay in it too lol:
Wot a damn fine idea Miss D :thumbsup: Award yourself another bonus!
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Or a bonio :thumbsup:
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Or a bonio :thumbsup:
scared:
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Put a caravan on it ...they'll soon want to sort it out then :thumbsup:
In fact invite Growler to stay in it too lol:
As plans go I've seen many worse. :thumbsup:
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We had a tiff and he Unfriended me on Faceache sad24:
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We had a tiff and he Unfriended me on Faceache sad24:
Time he learned to act his age and not his shoe size ::)
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Or a bonio :thumbsup:
You calling me a bitch? evil:
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Or a bonio :thumbsup:
You calling me a bitch? evil:
Told ya Nick scared2:
You're gonna vanish like Pirate...
scared2: scared2: scared2:
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scared2: scared2: scared2: scared2: scared2: scared2:
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Oh well - at least I know where a new local burial plot has become available eveilgrin:
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Oh well - at least I know where a new local burial plot has become available eveilgrin:
I implore you not to do away with Nick - we would miss the ginger oaf.
Actually, nah - do it eveilgrin:
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sad32: sad32: sad32: sad32:
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sad32: sad32: sad32: sad32:
point:
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Meeting with the freeholder tomorrow (gonna be messy) and then solicitor on Monday. Looks like she may have sold the land with our leases sitting on it. I feel this is going to get nasty....
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Popcorn:
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Which flat you have so many. Mr C and I won't mind squatting in the Tranny if you will forgive the phrase.
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Which flat, you have so many?
Is this about Nick or APC?
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Which flat, you have so many?
Is this about Nick or APC?
drumroll: evil:
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Well that was ugly scared2:
Freeholder did not like our line of questioning and stormed out eeek:
Solicitors this week eveilgrin:
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This week? It's Friday evening. Do you mean next week whistle:
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Growler will go mad noooo:
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No change there then.
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This week? It's Friday evening. Do you mean next week whistle:
If it's said before the weekend then it's next week ....you know the roolz lol:
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No, I beg to differ. He said "this week", this week. So it must be this week. If this week he meant next week, he should have said "next week", this week whistle:
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;)
:thumbsup:
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shrugs:
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Doesn't matter who has sold the leasehold or how much they got for it the new owner has to honour the existing lease agreements or buy you all out. Alternatively leaseholders can apply to the courts and obtain an order enabling them to purchase the leasehold themselves. It really isn't difficult.
All the info you need is here:
http://www.lease-advice.org/ (http://www.lease-advice.org/)
The Leasehold Advisory Service is a Non Departmental Public Body (NDPB) funded by Government to provide free advice on the law affecting residential leasehold property in England and Wales.
Whether you are a leaseholder, a freeholder or a property professional, The Leasehold Advisory Service is here to help. We advise on issues including service charges, extending your lease, buying the freehold, right to manage and applying to the Leasehold Valuation Tribunal (LVT).
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Doesn't matter who has sold the leasehold or how much they got for it the new owner has to honour the existing lease agreements or buy you all out. Alternatively leaseholders can apply to the courts and obtain an order enabling them to purchase the leasehold themselves. It really isn't difficult.
All the info you need is here:
http://www.lease-advice.org/ (http://www.lease-advice.org/)
The Leasehold Advisory Service is a Non Departmental Public Body (NDPB) funded by Government to provide free advice on the law affecting residential leasehold property in England and Wales.
Whether you are a leaseholder, a freeholder or a property professional, The Leasehold Advisory Service is here to help. We advise on issues including service charges, extending your lease, buying the freehold, right to manage and applying to the Leasehold Valuation Tribunal (LVT).
This is Nick we are talking about. Surely you don't expect a straightforward or rational course of action. noooo:
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Doesn't matter who has sold the leasehold or how much they got for it the new owner has to honour the existing lease agreements or buy you all out. Alternatively leaseholders can apply to the courts and obtain an order enabling them to purchase the leasehold themselves. It really isn't difficult.
All the info you need is here:
http://www.lease-advice.org/ (http://www.lease-advice.org/)
The Leasehold Advisory Service is a Non Departmental Public Body (NDPB) funded by Government to provide free advice on the law affecting residential leasehold property in England and Wales.
Whether you are a leaseholder, a freeholder or a property professional, The Leasehold Advisory Service is here to help. We advise on issues including service charges, extending your lease, buying the freehold, right to manage and applying to the Leasehold Valuation Tribunal (LVT).
This is Nick we are talking about. Surely you don't expect a straightforward or rational course of action. noooo:
Sorry ~ I sometimes forget redface:
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I have spoken to LEASE twice about this and they are very helpful. This has got a tad more complicated and we need a solicitor's letter
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Popcorn:
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Off to see solicitor this afternoon scared2:
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WHen a solicitor says something is "complicated" I hear the word "expensive" scared2:
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WHen a solicitor says something is "complicated" I hear the word "expensive" scared2:
Indeed ~ "Complicated" actually translates into "I haven't a clue but I will ask a colleague so you'll be paying for two of us to work on the matter".
However if there really is a "complication with the lease" then you will at least be able to sue the solicitor who handled the conveyancing as they should have picked up any and all possible problems :thumbsup:
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This was discussed eveilgrin: We may also be able to sue the freeholder who, we learn, is preparing to flee the country eeek:
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What a coincidence. I used the word complicated in response to a brief this very afternoon whistle:
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This was discussed eveilgrin: We may also be able to sue the freeholder who, we learn, is preparing to flee the country eeek:
Solicitor ought to be quick enough to get the freeholder's assets frozen.
But in any event although it may be complicated the new freeholder is lumbered with a bunch of angry sitting leaseholders so not such an investment really.
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Um, it is more complicated than that noooo: noooo: noooo: noooo: noooo:
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Um, it is more complicated than that noooo: noooo: noooo: noooo: noooo:
Well, I'd imagine that you being involved makes it complicated2.... ::)
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cussing:
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This was discussed eveilgrin: We may also be able to sue the freeholder who, we learn, is preparing to flee the country eeek:
But apc is already in Cyprus.......could it be a relative of his? whistle:
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This was discussed eveilgrin: We may also be able to sue the freeholder who, we learn, is preparing to flee the country eeek:
But apc is already in Cyprus.......could it be a relative of his? whistle:
I can see him holding Misty's fleece - not a lease.... noooo:
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This was discussed eveilgrin: We may also be able to sue the freeholder who, we learn, is preparing to flee the country eeek:
But apc is already in Cyprus.......could it be a relative of his? whistle:
evil:
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Our solicitor informs us that we own the land and the freeholder can't sell it, unless she buys us out eveilgrin:
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RESULT! :thumbsup:
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He is writing to her eveilgrin: eveilgrin: eveilgrin: eveilgrin:
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Our solicitor informs us that we own the land and the freeholder can't sell it, unless she buys us out eveilgrin:
That could come in handy whistle:
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:thumbsup:
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This fucking solicitor seems to be an complete muppet cussing: cussing: cussing: cussing:
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A friend of mine has nearly had a house sale collapse this last week or so due to an muppet solicitor ...
She threatened mightily and suddenly exchanges were done and completion is due in the next day or so.
They need prodding frequently and repeatedly with something like a red hot poker... in fact a red hot poker would do nicely eveilgrin:
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This is threatening to become expensive Snoopysick:
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Case reopened. Meeting with prospective purchaser of this land I did not know I owned rubschin:
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Case reopened. Meeting with prospective purchaser of this land I did not know I owned rubschin:
You're buying a round of drinks or 4 with your new found wealth you say?
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Case reopened. Meeting with prospective purchaser of this land I did not know I owned rubschin:
Lend us a fiver. Thumbs:
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Case reopened. Meeting with prospective purchaser of this land I did not know I owned rubschin:
You should invest in Turnip Futures! Thumbs:
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The stoopid thing is the the other leaseholders are trying to propose to him exactly the terms that they turned down 18 months ago Banghead Banghead Banghead
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The stoopid thing is the the other leaseholders are trying to propose to him exactly the terms that they turned down 18 months ago Banghead Banghead Banghead
So not, moving forward........ noooo:
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cussing:
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The stoopid thing is the the other leaseholders are trying to propose to him exactly the terms that they turned down 18 months ago Banghead Banghead Banghead
So not, moving forward........ noooo:
lol:
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Case reopened. Meeting with prospective purchaser of this land I did not know I owned rubschin:
You should invest in Turnip Futures! Thumbs:
:thumbsup: :thumbsup: :thumbsup:
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The stoopid thing is the the other leaseholders are trying to propose to him exactly the terms that they turned down 18 months ago Banghead Banghead Banghead
So not, moving forward........ noooo:
The low-hanging fruit is all gone. noooo:
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The legal ins and outs of this are making my head spin Banghead Banghead This is not helped by the fact that the freeholder is a raving loony cussing:
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The legal ins and outs of this are making my head spin Banghead Banghead This is not helped by the fact that the freeholder is a raving loony cussing:
Thought that would have made things easier for you, like minds and all that. whistle:
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angry041:
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angry041:
pathead:
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The legal ins and outs of this are making my head spin Banghead Banghead This is not helped by the fact that the freeholder is a raving loony cussing:
Thought that would have made things easier for you, like minds and all that. whistle:
Totally agree Grumpy - my 'first' thught was .........pot kettle etc etc.............. then I just fell off the chair laughing happy001
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angry041:
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angry041:
angel1
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Meeting tonight ::) Freeholder is trying to claim two years previously unbilled charges. Law says she cannot do this. Game on eveilgrin:
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Meeting tonight ::) Freeholder is trying to claim two years previously unbilled charges. Law says she cannot do this. Game on eveilgrin:
LAT clause 20b states 18 months, however the normal Limitation act for a contract debt is 6 years. Either way, you know that you have to pay something towards the running of a building.... Don't you?
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Under Section 20b of the Landlord and Tenant Act 1985 the leaseholder is protected from being asked to pay towards costs incurred more than 18 months ago.
Normally the lease will provide for the service charge to be demanded in advance, but occasions will arise when the demands are issued after completion of the works or provision of the service. In these cases a statutory time limit applies: the landlord must issue the demand within 18 months of his incurring the cost.
If the demand is provided later than this, the landlord cannot recover the costs at all, unless a notice is served during the 18 months stating that costs have been incurred and that the tenant will be required to contribute to them by payment of a service charge.
The idea behind this policy was stated by Mr. Justice Etherton in the High Court case in 2003 of Gilje v. Charlgrove Securities Limited, “...so far as discernible, the policy behind Section 20B of the Act is that the tenant should not be faced with a bill for expenditure, of which he or she was not sufficiently warned to set aside provision. It is not directed at preventing the lessor from recovering any expenditure on matters, and to the extent, of which there was adequate prior notice”.
whistle: