New Freeholder failed to issue Section 3 notice?

New Freeholder failed to issue Section 3 notice?

0:01 AM, 15th November 2024, About 3 weeks ago 4

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Hi, a new freeholder failed to issue a Section 3 notice to 37 long leaseholders (whole block) when he bought the freehold a year ago. This could be a criminal offence liable to a £2,500 fine.

Does anyone know if it’s better to bring an action against him (and how to go about it) or not to press him? Section 3 is essentially just a formal notice to inform leaseholders that the freehold has changed hands, providing the new freeholder’s name and address.  I stumbled across these so I know them.

What are the legal pros and cons of pursuing this?

Any advice would be greatly appreciated.

Thanks,

Jean


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Judith Wordsworth

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10:52 AM, 15th November 2024, About 3 weeks ago

Do you really want to antagonise your new freeholder?

I presume you know who they are. If you do not know their registered address for £3 you can download the title register and drop them a letter, recorded delivery, asking for formal notification of their contact details for any documents Leaseholders may need to serve upon them, could even draft a s3 Notice if wanting to be ultra helpful (and letting them know you know what's what 😉 )

Always a good idea to stay on the good side of any freeholder (landlord) ; no different for tenants (which leaseholder are) staying on the good side of landlords (in this case freeholder)

Graham Tisdale

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11:28 AM, 15th November 2024, About 3 weeks ago

The previous comment is incorrect. Press the freeholder for a full disclosure. If the other leaseholders don't have an address which is a legal requirement. It will affect your service. Charges. Every leaseholder needs to know who to complain too.

Steve Rose

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12:02 PM, 15th November 2024, About 3 weeks ago

Surely the information you seek is contained in your latest Service Charge Demand? If it isn't, then it isn't a valid demand and you can refuse to pay it. (Though I would advise you explain your reason for this, in writing)
Under the legislation, it is the Local Housing Office that is meant to prosecute, but since this will incur costs for them, with no likelihood of recouping them, you'll struggle to get a response. I didn't. The reason being that court will almost certainly let the landlord off with a warning.
A few years ago, when my landlord refused to give details of our service charge account, I went to the local magistrates court to try to bring a private prosecution, thinking that this would force the issue. The court didn't even know which form to give me and asked me to come back in a week and they would try to find out. Instead I sent an email to the landlord stating that I had just been to the Magistrates Court to bring a private, criminal prosecution for refusing to comply with the legislation. I had all the information I required by the end of that day.
Much depends on what you seek to gain. Are you seeking formal notification of information that you apparently already have, or are you trying to threaten/punish the landlord for omitting to carry out some paperwork? In my experience it is always better to try to maintain a reasonable relationship with your landlord, but what do I know, mine has taken me to Tribunal twice (and lost both times!) The Tribunal even found him guilty of actual theft from the Service Charge Account, but they let him off when he promised to repay the stolen money.

Judith Wordsworth

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10:12 AM, 16th November 2024, About 2 weeks ago

Reply to the comment left by Graham Tisdale at 15/11/2024 - 11:28What was incorrect?
I did state “ drop them a letter, recorded delivery, asking for formal notification of their contact details for any documents Leaseholders may need to serve upon them” and how the OP could find their address if they didn’t know it.
Formal notification is s3 😉

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