We have a freeholder who has let our block of four flats get into disrepair. We are supposed to pay a quarter of repairs and when the freeholder moved in they used this to get their wall fixed but when it came to other parts they stopped caring. As one flat is rented the council got involved. They now have to get things done and they are taking it out on the rest of us. They are suddenly demanding a lot of money for a couple of bulbs and the electric trip for the communal hall which is on push switch, even though electric is not in the lease. We took over a garden seven years ago and planted ornamental trees and put in a little shed, that they agreed with and they now want to flatten the land and charge us for it.
Bruce Maunder Taylor replies: Your lease is a contract between the freeholder (normally called the landlord) and each of the lessees having their own contract. These contracts are legally enforceable. The fundamental point which comes through from your question is that no-one is sitting down talking to each other in an attempt to find workable solutions. Cooperative management is the only form of management which works. You use the word “we” and you refer to the freeholder apparently owning one flat and I assume that you and the other two lessees can work together. Any two of you (representing 50%) can either enfranchise the freehold interest (compulsorily purchase the freehold from the freeholder) under the Leasehold Reform Act 1993, or exercise your Right To Manage under the Landlord and Tenant Act 1987. You will then have control of the management function and can make it work properly. Get one other lessee to join you, take control of the situation, and manage the property properly.
