Can ‘Major Works’ be used by freeholder to gain possession?

by Readers Question

8:51 AM, 10th December 2019
About 12 months ago

Can ‘Major Works’ be used by freeholder to gain possession?

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Can ‘Major Works’ be used by freeholder to gain possession?

The lease says I as a leaseholder am entitled to stay in my flat while major works are carried out. That the only way for the freeholder to buy you out is with a compulsory purchase order.

Shelter says that major works cannot be used to gain vacant possession of the tenants flats so they can sell them on long 999 leases. Even sending a leaflet suggesting they must move out is unlawful eviction.

Are there any circumstances where a freeholder can take tenants and leaseholders to court to obtain possession of their flats by way of an injunction?

If through extortion a leaseholder agrees to give the freeholder possession of his flat four years years, by signing an injunction without going into court, would this be malicious prosecution and the an offence has been committed.

What would the offence be apart from unlawful eviction?

Many thanks

Hugh


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Comments

Neil Patterson

8:53 AM, 10th December 2019
About 12 months ago

Hi Hugh,

I would be most interested and it may explain further to know what the 'Major Works' are?

Ian Narbeth

9:57 AM, 10th December 2019
About 12 months ago

Hugh
It is not clear from your question if you have a long lease with a low or peppercorn ground rent, a valuable asset. Your reference to Shelter's advice is curious. It suggests you have an assured shorthold tenancy or an assured tenancy or something else? Please clarify.

Kate Mellor

10:15 AM, 10th December 2019
About 12 months ago

Hi Hugh,
Can you explain your position in more detail? Are you the leaseholder? Are you a tenant of the leaseholder who’s being expected to leave based on the leaseholder’s assertion that he’s had to give up possession to the freeholder? Or is it something else?
You may be able to get some help and advice with your issue via the leasehold advisory service https://www.lease-advice.org/

Sir John Bradshaw

2:46 AM, 16th December 2019
About 11 months ago

Reply to the comment left by Kate Mellor at 10/12/2019 - 10:15
Rebuilding Balfron Tower for privatisation. 20 leaseholders were threatened with damages if we remained in our flats, for holding up the major works, and the contractors damages passed on to us. It was stated in a summons for vacant possession, either buy accepting the leaseholders offer or by accepting a monthly payment of £2350 for two years. It didn't come before the court. My barrister helped to draw up the injunction which I signed under duress. It's now over three years I have been living in hotels. Can a court order vacant possession of a leaseholders property back to the freeholder?


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