Lease Extension – Nightmare Freeholder
I have a 2 bedroom flat on a lease with 77 years remaining. I have it up for sale (and its in excellent condition) but the problem seems to be the duration of the lease (feedback from estate agent).
I would like to extend back to the original term of 99 years, and the nightmare is that the freeholder lives downstairs (its a detached house conversion of 2 flats). They have been nothing short of a nightmare for my current tenants (noise disturbance) and despite me speaking to them, and confirming my concerns in a letter to them, the noise continues.
My dilemma is that I am loathe to ask them for the lease extension, as I think they may try and refuse to communicate, and also the thought of handing over my money (approx. £5k) to them really sticks!
Can anyone offer advice on the best way to resolve this?
Many Thanks
Shirley
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Member Since February 2015 - Comments: 8
6:34 PM, 23rd November 2017, About 8 years ago
Hi Jay,
The situation got worse! I got damp in my flat because the FH refused to allow repairs to the chimney breasts in their property (mine is 1st floor, they are below me) so had to remove from the market. I tried the pre-action protocol, but they failed to respond, so I had to involve a solicitor (total cost £3.5k) and am now taking them to small claims court to try and re-coup costs. Therefore didn’t have the money needed for lease extension, so continued to rent out but now work has finally been done, I will put back on the market again. Lease is now only 74 years so I will have to accept a reduced offer probably and the new owners can take that one on.
Member Since August 2013 - Comments: 109
8:26 PM, 23rd November 2017, About 8 years ago
Hopefully the law will change sometime to make the lease extension a paperwork exercise, it is bonkers that a 5k extension could cost more in fees.
Don’t hold your breath
ps I saw a comment said if the buyers ask you to serve an s42 then do so, don’t do it until after exchange, serving the s42 makes you liable for any fees the FH incurs.