Being manoeuvred out of my tenanted council flat?

Being manoeuvred out of my tenanted council flat?

11:22 AM, 14th March 2022, About 2 years ago 21

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I bought a flat in 2008 in a block owned by the local council. It was rented out to two lovely tenants who stayed with me for many years and eventually left to buy their own home.

New tenants moved into the flat and business carried on as usual. I attended to all repairs and maintenance, usually plumbing decorating replacing broken washing machines cookers etc or any other issues when they arose. I get great satisfaction from moving very quickly to get work done.

If any repairs were needed outside the property, guttering, glass, drains, I would contact the local council and politely let them know. They had a great system, and it worked very well.

Downstairs there was one other flat, the ground floor flat, which had remained empty for many years. Although it was council-owned it needed major upgrades to get it habitable.

In 2017 an individual bought the freehold from the council along with the downstairs flat. I did not receive any notice from him like a contact telephone number or address or demand/ invoice regarding ground rent insurance or service charges.

This person split the downstairs flat into two separate flats and rented them out. He contacted me by phone and asked if I would like to have a guaranteed rent for 3 or 5 or 7 years and that he would find tenants to pay the market rent or perhaps more and that he would handle everything for me.

No, thanks, I said, my tenants are happy, I modestly do the best I can to fulfil all my responsibilities and take care of them. A few months later he called me asked if I would like to sell my flat for 25% below its market value. I declined the offer. He contacted me again and told me that I would have to change the number of my flat as it did not suit his plans for his flats downstairs.

I explained that it is registered on The Land Registry with that number and my mortgage deeds held with the lender have that address and that it will not change ever.

The front of the building has an entrance to the two flats that were created, and the new owner of the building did not include my flat number to the outside of the building, it sounds trivial, but its overall implication is not, this entrance leads to the hallway and then the staircase leading upstairs to my flat on the first floor, it’s almost as though he was trying to erase the identity of my flat.

Of course, this has now caused confusion with post and people trying to find the address. I have worried whether an emergency Fire Ambulance or Police would be able to locate it.

In 2018 I asked for a copy of blocks insurance. I have a BTL loan on this property and I try to keep my paperwork in order, after much ranting about how busy he is and how inconvenient my request was I eventually received a copy of the insurance. Since then, I have heard nothing.

There is a flat roof, which is part of my flat, but structurally it is part of the building, it started to leak, my tenants alerted me to this, I called and told him the flat roof is leaking and needs urgent attention. He said it’s your problem. Well, at least at last he was right on something.

I had a choice whether to chase up legal opinion employ solicitors try and figure out where he lives, serve papers and wait while water poured into my flat or fix it. I chose the latter, called some respectable local contractors they came along with all the kit and repaired it. £1000 later and the costs of some repairs to the damage inside, I was back where I started except, I was out of pocket.

During this time, I have not received anything whatsoever from the new owner of the block.

I feel I am being coerced by him and that he’s attempting to place me in a vulnerable position financially. His actions and attitude towards me are always aggressive and non-supportive. A bit like whenever you call someone, and they are always angry, short and rude. It’s impossible to communicate in any civil way, Whatever.

Last year in 2021, I had a call from the tenants, the main roof of the building was leaking into an upstairs childrens bedroom. No problem, I know a good roofer I thought. I called the owner and said the main roof is leaking and water is coming into the property, his predictable response was well you own the flat upstairs it’s your problem. It was a Friday after all and after 5pm.

I called the roofer and he popped round at about 7 pm, he said that it’s a small job a few roof tiles had slipped down he could repair it but would have to hire a scaffolding company to erect scaffolding outside the building as his ladders would not reach that far. Monday morning the scaffolding goes up the repair is carried out Monday afternoon the scaffolding comes down. I paid out almost £500. The roof is fixed, my tenants are secure. My responsibilities are fulfilled.

2022, I am close to retirement, I am selling off some of the properties I own. The couple renting from me have been there for 8 years. They are a smashing couple, and I am very fond of them.

I have emailed him asking for a copy of the block insurance. No response.

I sent another email asking him to verify the position with the ground rent and service charges. No response. I have written to him and asked via a letter for a copy of the block insurance, the ground rent and service charge details. No response.

The estate agents have asked me to provide those details, but due to matters beyond my control, I cannot currently provide them.

Is there any legal requirement for a freeholder to provide a lessee with the block insurance details?

Is the freeholder responsible for repairs outside the property? Roof drains inside outside lighting etc?

What should be my best course of action?

I think underlying all this is that I think that he is trying to manoeuvre me into a position where it is very difficult or even impossible to sell or that he may offer me some ridiculous amount for the purchase. I’m very stressed by all this, and it is affecting my health.

Many thanks

Richard

 


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Comments

Richard Mann

16:31 PM, 14th March 2022, About 2 years ago

Reply to the comment left by Freda Blogs at 14/03/2022 - 16:08
Interesting point complex and time consuming though. If a legal action is found to have sufficient likely hood of winning, the expense of getting to that point I’m guessing would be prohibitive. My position may not even change. Of course, I’d love to rain down thunder and lightning, I’m angry and upset. But here’s the thing, what’s my fastest route to exit? Least resistance fastest possible way out? Unlike the freeholder I am not a morally bankrupt spineless piece of garbage.
My intention is to sweep up the mess and make sure that the new buyer is secure and protected. My dignity and integrity intact.

These people have money and know the rule book. They’ve probably screwed over enough people to know the pitfalls and figure a way round it.
I need a sharp lawyer ready to go “mano a mano”. Thank you contributing. Much obliged.

Chris H

17:48 PM, 14th March 2022, About 2 years ago

I am not legally qualified but had an issue were a freehold was sold onwards, they wrote to each flat owner in the block (4), They were very clear unless you owned all the flats in the block, you cannot own the freehold, which makes sense.
Something iffy here, the othe owner like someone not to trust or deal with, does the freehold stay silent on liability of the external structure?
Before work was your property number / name on the building? If so a duty of care matter, just the hassle to resolve :/
Btw £500 for a roof repair with scaffold is a really good deal!

Richard Mann

18:18 PM, 14th March 2022, About 2 years ago

Reply to the comment left by Christopher Holden at 14/03/2022 - 17:48
Good roofer! To whom is the freeholder actually answerable to? The police? The council? Ministry of funny walks?

Frances Kneller

22:42 PM, 15th March 2022, About 2 years ago

Have you contacted LEASE and /or the First Tier Tribunal for advice?

Richard Mann

13:44 PM, 16th March 2022, About 2 years ago

Reply to the comment left by Frances Kneller at 15/03/2022 - 22:42
I have an appointment booked with Lease by phone next week

Darren Peters

14:14 PM, 16th March 2022, About 2 years ago

Please let us know how this pans out once the dust has settled.

Freda Blogs

14:37 PM, 16th March 2022, About 2 years ago

Reply to the comment left by Richard Mann at 16/03/2022 - 13:44I suggest you keep your expectations low - in my experience LEASE's 'advice' is cursory at best and given by non property experts from a book of guidance, which has limited application - and I suspect will not cover your situation.
In your position, you may be better served by appointing an experienced solicitor (try ALEP.org.uk who practise in this sector) although a more general property solicitor may also be ok (you can probably get a free half hour initial chat to weigh them up). Even if you have to stump up for fees, it may be helpful to give you peace of mind, advise on your rights and remedies, and they can also do the proverbial 'heavy lifting' on your behalf if necessary. Good luck.

Richard Mann

14:57 PM, 16th March 2022, About 2 years ago

Reply to the comment left by Freda Blogs at 16/03/2022 - 14:37
Hi Freda
Thank you for contributing. I’ll try ALEP I’ve not heard about them before. Point taken with LEASE. The rule book and the practical application are sometimes distance cousins The rule book can also be thoroughly examined by an individual or parties with an intent to bend break or create the necessary blocks or structure to ward off claims. I’m assuming the latter sadly. I’ll keep everyone posted as everything progresses or not. If it is causing me a lost sale could I sue for losses?

Freda Blogs

15:09 PM, 16th March 2022, About 2 years ago

Reply to the comment left by Richard Mann at 16/03/2022 - 14:57
"If it is causing me a lost sale could I sue for losses?"

Doubt it - in fact probably don't even think about it as the burden of proof would be on you and that could be extraordinarily difficult (and expensive).

I too have had the freeholder from hell. I eventually decided to sell - not my preferred choice but necessary for peace of mind and to sever our legal relationship. Her lies on the LPE1 and elsewhere cost me two sales, plus a load of stress and money, so I have every sympathy with you.

AP

8:22 AM, 19th March 2022, About 2 years ago

How many other flats are in the block and are any others privately owned?
Have you spoken to any of them to see what experience they’ve had?
You definitely need expert legal advice. It’s the only way this is going to get resolved. You sound like a throughly decent landlord that has been taken advantage of by a rogue one!

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