BernieWales

Registered with Property118.com
Thursday 9th April 2020

Bio
40+ years hands-on experience helping leaseholders by providing advice, consultancy and property management services.


Latest Comments

Total Number of Property118 Comments: 155

BernieWales

11:26 AM, 22nd April 2022, About 4 weeks ago

Ban on charging ground rent on new leases from 30th June

I did a video on this subject recently, explaining some of the detail > https://youtu.be/krRIggVuMhI... Read More

BernieWales

16:18 PM, 10th April 2022, About a month ago

Can I buy the freehold to my flats?

Reply to the comment left by sam at 09/04/2022 - 08:50
Your would be the only qualifying leaseholder - but you alone is not "more than 50%" of the long leases, Sam.... Read More

BernieWales

11:01 AM, 5th April 2022, About a month ago

Can I buy the freehold to my flats?

Leaseholders can force the sale of the freehold of their block of flats using Right to Enfranchise. It requires "more than 50%" of the qualifying leaseholders to participate. If all 8 flats in your case had 8 separate leaseholders - that would mean at least 5 would need to participate.

However, there are rules for qualifying. See the Leasehold Reform Housing & Urban Development Act 1993. Where a leaseholder own more than two flats in the building - either solely or jointly - they do not qualify in the calculation of the "more than 50%".

Thus if you own all the flats in the building, you cannot use Right to Enfranchise to force the sale/purchase.

But there is no reason why you cannot talk to your freeholder and agree a deal.... Read More

BernieWales

15:29 PM, 25th March 2022, About 2 months ago

Freeholder owns flats as freehold and not paying service charges?

It is a shame you didn't find out the facts BEFORE going for Right to Manage. Had you done a simple search at HM Land Registry you could have seen how many leases existed - and hence there were flats with no long lease. But you are where you are.

Action 1 > RTBL ... Read The Bl**dy Lease ... your lease ... to see if there is a clause whereby the freeholder agrees to act as if there was a lease, for those flats where there is no lease (unsold flats).

If there is, Action 2 > you can enforce the service charges via the First-tier Tribunal (Property Chamber) ... for example. Alternatively, if you've served legal service charge demands, you could go vis the County Court and a straight money judgment.

Action 3 > if the above two won't work because there isn't an obligation to 'behave as though there were a lease' then your RTM is doomed. You'll be paying 100% of costs but not recovering 100% and the the RTMCo will go bust. Therefore, cease the RTM and hand the management back to the freeholder.

Then, Action 4 > enforce the terms of your leases via the FTT ... and make certain the freeholder incurs the expenses they need to incur in order to comply with the services provisions of the leases. The fact that they cannot recover 100% of the expenditure is their problem and no longer your problem.

If all else fails, Action 5 > apply to the FTT for the appointment of a Manager. That will work IF that manager is provided with an Order that has the right management provisions; i.e. correcting the deficiencies of the current non-100% recovery.

Moral of the story > RTM should only be claimed when you know ALL the facts ... and those facts will allow RTM to work. If the facts show management deficiencies, don't claim. Chose another route.

Second moral of the story > get good professional advice BEFORE you jump into the unknown.... Read More

BernieWales

12:51 PM, 9th March 2022, About 2 months ago

Doors to an open walkway - Right to Manage?

Whether you need to allow access or not, depends upon the wording of your lease. I suspect you do - as 99.99% of leases provide for the freeholder and/or agents to have access for the purpose of inspecting for repairs and maintenance needs.

The RTM process won't change your obligation to provide access - just who you need to provide access for; i.e. RTMCo in addition to freeholder and/or agents.... Read More