9:11 AM, 29th August 2023, About 2 years ago 3
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Hello everyone, My son bought a leasehold flat in North West London and the freeholder has been sending him numerous letters from his solicitor alleging the flat is not maintained etc. All untrue as my son spent £20,000 on refurbishment
The freeholder is trying to get my son to sell the flat to him. He did the same to the previous owner although we do not have his address. The flat has been rented for 3 years to Romanian electricians but my son never checks the flat as long as they pay the rent.
Two months ago the police raided the flat and found some cannabis plants and now the freeholder is trying to use this against my son to take the flat away from him.
The funny thing is he is asking my son to repair the roof whereas my son has bought another flat in Effingham where the same freeholder sold him the freehold but has a flat leasehold there and he is asking my son to pay for the roof there where the situations are reversed on this property.
There are 50 years left on the lease and the freeholder is threatening to take his flat.
Does anyone have any recommendations or legal advice that could assist?
Many thanks
Allen
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Member Since October 2022 - Comments: 401
14:02 PM, 29th August 2023, About 2 years ago
Too many questions. How many plants? 1 or 100? How did freeholder find out? Why didn’t your son carry out inspections. Clearly the tenant realised that if he kept his head down and paid the rent he could breach the lease with impunity and run an illegal operation. And as your son is liable for the breach of the lease the FH is entitled to serve a section 146 forfeiture notice on your son having obtained a determination by the FTT.
Your son has no liability for repairs to the other property if he has no equitable interest in it
Judith Wordsworth
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Member Since January 2015 - Comments: 1382
16:38 PM, 29th August 2023, About 2 years ago
Read the Lease. Doesn’t matter the length of the term that is left.
But
1. Likely the terms of the Lease have been broken by growing cannabis plants in this flat and legal for the Freeholder to serve a s146 notice https://www.legalo.co.uk/guides/section-146-forfeiture-notice/
It is a Landlord’s responsibility to include in the tenancy agreement to follow the Lease terms and conditions. If your son’s tenant’s have been growing cannabis then your son is liable – could also face prosecution too.
2. Every Lease is different as to Leaseholder and Landlord/Freeholder repairing obligations.
So the freeholder may be quite right in asking your son to pay for works to the roof where the “cannabis” flat is.
And as a Leaseholder of a flat of which the Freehold is owned by your son that Lease might state that it is the Freeholder who is responsible for getting repairs done to the roof. The Lease will state how/when/if the Leaseholder pays back a proportion of the costs to the Freeholder.
DPT
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Member Since October 2020 - Comments: 1106
15:49 PM, 30th August 2023, About 2 years ago
Your Son was asking for trouble by not inspecting.
If its a cannabis farm, then its likely that the tenant made many unauthorised alterations to the property, such as the electrics, holes in the walls and floors for ventilation pipes etc. As these will constitute a breach of ghe lease then I’m not surprised the freeholder wants to forfeit the lease.
Your son needs proper legal advice urgently.