Freeholder nightmare – What are my options?

Freeholder nightmare – What are my options?

9:38 AM, 23rd April 2024, About 4 weeks ago 7

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Hi there, advice and suggestions will be greatly appreciated. The freeholder of my property has a legal obligation as it states in the Lease, to insure the building and provide me with the relevant documentation [certificate, policy, premium etc] before demanding payment.

Since 2021, he has failed to provide ANY documentation for 3 years in relation to Building Insurance, ground rent and service charges. Failing to supply my mortgage lender and myself with these documents prevented me from refinancing and as a result, my application for a loan was unable to be completed.

My conveyancing solicitors informed him of the serious consequences this would have for me and still he has failed to disclose ANY documentation whatsoever knowing my mortgage lender had initiated repossession proceedings.

Consequently, I’ve incurred in excess of £200,000 in costs and almost lost my property in March last year when a County Court bailiff arrived here and drilled out the locks on my front door.

Despite applying to the court for a MANDATORY INJUNCTION to compel him to provide the documentation, his breach of contract has gone far beyond being just a breach but a deliberate act of wilful misconduct.

The Police refuse to get involved stating its a ‘civil’ matter and the ‘civil’ courts are not enforcing the appropriate remedial action. Freeholders should be stripped of their rights when they completely wreck a person’s life as he has done to me!

What should I do?

Thanks,

Steven


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Comments

Neilt

13:40 PM, 23rd April 2024, About 4 weeks ago

It's very simple. Insure it yourself in order to get your loan and then take him to small claims court. Am I missing something?

Kizzie

14:32 PM, 23rd April 2024, About 4 weeks ago

Your conveyancer should have informed you of your legal rights under section 21a of Landlord & Tenant Act 1985 the right to inspect accounts and other documents. Failure to comply is an offence.Google a template letter and look up your rights under section 21 under Leasehold Advisory Service (LEASE). The issue for not providing proof of payment of insurance may be that the building is not insured and is a criminal offence.
This is breach of lease a legally binding contract and you need to find a solicitor who specialises in property litigation on grounds the asset on which your mortgage granted is now invalid.
It appears your conveyancer is negligent for not informing you that a mortgage will be withdrawn if the obligations in your lease are not complied with by you and the freeholder under provisions of your lease

Gracie

1:29 AM, 24th April 2024, About 4 weeks ago

I’m confused as to what exactly has cost you £200k & why the bailiff was after you?
Were you paying service charges?
Even if the FH was responsible for insuring, you could’ve done it yourself, would’ve been cheaper than him taking advantage of deals which you’d have paid for anyway.

Kizzie

7:44 AM, 24th April 2024, About 4 weeks ago

A leaseholder cannot take out block insurance, it’s the responsibility of the freeholder or lessor/landlord to insure the structure and common parts.
It depends on what the lease says and whether it’s included in service charge.

Daniel Allen

13:20 PM, 29th April 2024, About 3 weeks ago

I just had a browse online and there are a lot of solicitors who can help you with the absent freeholder matter.
So sorry, this event has happened to you.

Kizzie

14:02 PM, 29th April 2024, About 3 weeks ago

If you’ve still have insurance documents or information about the insurers from 2021 you can contact them to find out if they’re still the insurers and if latest premium paid. Because of DPA they’ll not give you more information

DPT

10:34 AM, 30th April 2024, About 3 weeks ago

You may be able to insure your own flat. I've done this in the case of an absent freeholder.

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