Leasehold problem, help!

[matrignano]

Hi PH, hoping for some advice from anyone who might have gone through a similar issue.

I bought a leasehold flat in 2020. At purchase, my conveyancer ballsed up and provided me with an outdated lease.
The original lease stated that I am liable for 40% of the total service charge for the building, a 4 flat converted Victorian terrace.

The "correct" lease was amended in 2013 when my flat was extended by one floor, and stipulates that I am liable for 40% of general costs AND 100% for all the altered parts, i.e. flat roof, dormers, box gutter.
This lease was only provided to me by the Freeholder (the local borough) a few months ago as we are trying to fix roof leaks.

The roof basically needs replacing. Had I known I would have been 100% liable for repair costs, I would have probably not bought the flat.
I got shafted, proper.

Now interestingly, the other 3 flats' leases were never amended to reflect the fact they are no longer liable for the roof parts. Their lease still states that they are proportionally liable.

Now I would like to somehow dispute my lease and revert it back to 40% share of total costs including the roof, on grounds that:
1) It is unfair that I am solely responsible to maintain and repair a roof and gutter that all leaseholders benefit from, and it is now revealing to be a huge financial strain on me
2) The other leases were not updated and they still show the roof as a common part
3) The Freeholder (via a management company) has continued to maintain roof and gutters in the last 9 years, and those costs were shared with and paid by all leaseholders

Are these sufficient ground to go challenge my lease with the Lease Tribunal?
Are there any free legal services or ombusdmen I can use?

Or am I completely shafted?

[Ntv]

matrignano said:

Hi PH, hoping for some advice from anyone who might have gone through a similar issue.

I bought a leasehold flat in 2020. At purchase, my conveyancer ballsed up and provided me with an outdated lease.
The original lease stated that I am liable for 40% of the total service charge for the building, a 4 flat converted Victorian terrace.

The "correct" lease was amended in 2013 when my flat was extended by one floor, and stipulates that I am liable for 40% of general costs AND 100% for all the altered parts, i.e. flat roof, dormers, box gutter.
This lease was only provided to me by the Freeholder (the local borough) a few months ago as we are trying to fix roof leaks.

The roof basically needs replacing. Had I known I would have been 100% liable for repair costs, I would have probably not bought the flat.
I got shafted, proper.

Now interestingly, the other 3 flats' leases were never amended to reflect the fact they are no longer liable for the roof parts. Their lease still states that they are proportionally liable.

Now I would like to somehow dispute my lease and revert it back to 40% share of total costs including the roof, on grounds that:
1) It is unfair that I am solely responsible to maintain and repair a roof and gutter that all leaseholders benefit from, and it is now revealing to be a huge financial strain on me
2) The other leases were not updated and they still show the roof as a common part
3) The Freeholder (via a management company) has continued to maintain roof and gutters in the last 9 years, and those costs were shared with and paid by all leaseholders

Are these sufficient ground to go challenge my lease with the Lease Tribunal?
Are there any free legal services or ombusdmen I can use?

Or am I completely shafted?

If what you are saying is right, then there is a clear contradiction between the leases. And therefore something is wrong.

You need a copy of the current lease for each of the flats. Get it through the Land Registry.

If this contradiction does exist, then the first point of call would be point this out to the freeholder, with your proposed solution. If they don't accept then take it to the Leasehold Tribunal.

[mgv8]

How can you have compleated without the full and correct lease in place?

[matrignano]

We received a lease but it missed a crucial addendum with the aforementioned changes to roof responsibilities.

Unfortunately I missed it and so did the conveyancer

[JeffreyD]

Have you raised a complaint with your conveyancer?

That's the first port of call.

Go through their process (a ballache but it will be in the letter they sent you)

If there is still an issue then you can the think about suing them for any losses.

Try not to stress and don't do anything in haste.
If you have the funds it might be worth spending a couple of hundred on a decent solicitor to run through the file with you.

[matrignano]

Thank you yes, I filed a formal complaint with the conveyancer. They also ballsed up on another aspect of the lease so I think I have a decent case.

I’ve been looking at lease dispute lawyers today so good call on getting an initial appraisal of the situation.

Thing is I need to fix the roof asap as it makes one of the bedroom uninhabitable and I don’t have the funds, it’s a huge stress to be honest. I am developing mental health issues out of this st.

Given the freeholder is the Borough (Kensington and Chelsea) I also wonder if it’s worth escalating to the council, or if it’s gonna be a waste of time?

[JeffreyD]

Who's organising the work?

The council or you?

[Caddyshack]

I would have thought that as your flat was extended and the correct lease shows you as 100% liable then you will need to pay for it. The fact the solicitor missed it may mean you get a sorry for them and something from
Them but ultimately the correct lease was fair to the other owners so I doubt you will win with a request to make them all pay or the freeholder.

Don’t let it get you down. It’s just a hassle and unexpected bill. Can you bodge it until
You have the funds to fix it?

[matrignano]

They are, via the management agent.

I’m in touch with the council already but they only do what they’re told by the agent, whose interests are obviously not aligned to mine.
They have recently done £27k worth of slapping aquapol over the existing gutters and they are still leaking. Me telling the council that we’ve been ripped off fell onto deaf ears… I’m the one picking up the bill so why would they care!

[matrignano]

Caddyshack said:

I would have thought that as your flat was extended and the correct lease shows you as 100% liable then you will need to pay for it. The fact the solicitor missed it may mean you get a sorry for them and something from
Them but ultimately the correct lease was fair to the other owners so I doubt you will win with a request to make them all pay or the freeholder.

Don’t let it get you down. It’s just a hassle and unexpected bill. Can you bodge it until
You have the funds to fix it?

I think the argument there is that everyone benefits from a roof so why is it all my responsibility? Had we not had an extension, I wouldn’t be solely liable for the roof just because it’s directly above my flat…

Also the lease was incorrectly “applied” for years and other leaseholders have paid for roof related stuff although they were technically not liable

[Caddyshack]

matrignano said:

They are, via the management agent.

I’m in touch with the council already but they only do what they’re told by the agent, whose interests are obviously not aligned to mine.
They have recently done £27k worth of slapping aquapol over the existing gutters and they are still leaking. Me telling the council that we’ve been ripped off fell onto deaf ears… I’m the one picking up the bill so why would they care!

The council will be told they have been ripped off every day when people hear what bills have been paid, it will fall on deaf ears.

[JeffreyD]

Caddyshack said:

The council will be told they have been ripped off every day when people hear what bills have been paid, it will fall on deaf ears.

There is no way I would be paying straightaway.

And certainly not until everything was sorted and I'd used every last second of time.

[Wings]

As another poster stated, the OP should obtain a copy of the Lease for each flat, which you should be able to obtain/download online from HM Land Registry.

Whilst online to HM Land Registry I would also seek both present and previous leaseholders, the latter if contacted might be able to offer more detailed information of the amended Lease etc.

Whilst there is no substitute for consulting in person a solicitor, as a leaseholder myself, I have found Leasehold Advisory Service's , link below, web site offers excellent advice, together with a free legal online telephone advice service, one is actually able to speak to a solicitor for advice.

https://www.lease-advice.org

[Matt p]

https://www.leaseholdknowledge.com/

Worth reaching out to a few legal eagles on the website. I’ve been following their work over the years as I own a flat with a rather unscrupulous ground rent clause.

[Caddyshack]

It sounds as though the planning and the lease change was built in with the extension….it stands to reason that of there are 4 flats and one owner wants an extension the others / landlord agree on the basis that the extension will become the sole responsibility for upkeep of the extended flat owner….the solicitor may have missed this but the agreement would still stand….the solicitor is unlikely to have to pick up the bill for future repairs forever.

[Jobbo]

If the roof of the building has been changed but the other original leases haven't, those leaseholders may be liable for their share of repair of the original roof but that doesn't exist any more. So you probably won't get anywhere trying to argue they must pay a share when your lease specifically makes you 100% liable for the new roof.

If this was indeed missed by your solicitor when you bought, you would potentially have a claim against them. It may of course have been missed out of the pack of information provided by the seller so your solicitor may not be at fault and your claim would lie against the seller (not the seller's solicitor). Speak to your solicitor; you would have been given details of who to contact in the event of a complaint in their initial pack of info to you.

[Ntv]

matrignano said:

Thank you yes, I filed a formal complaint with the conveyancer. They also ballsed up on another aspect of the lease so I think I have a decent case.

I’ve been looking at lease dispute lawyers today so good call on getting an initial appraisal of the situation.

Thing is I need to fix the roof asap as it makes one of the bedroom uninhabitable and I don’t have the funds, it’s a huge stress to be honest. I am developing mental health issues out of this st.

Given the freeholder is the Borough (Kensington and Chelsea) I also wonder if it’s worth escalating to the council, or if it’s gonna be a waste of time?

I feel for you. You need a copy of the current leases asap from Land Registry. I've been a freeholder and leaseholder in the past. Once I have those leases, if the contradiction you describe exists then contact your freeholder in writing.

At the same time, think about how you can fund the roof repairs. From what you are saying that might not be possible? What I have in mind is that you get the repairs done with a loan while stating to K&C (depending on what lease states) that the cost of the work should be split evenly between the leaseholders, and that you are funding in emergency because not to do so would create both potential health issues and further, more costly, damage to the property.

The other thing is to take plenty of photographs and get a written summary of damage / prognosis from a builder.

Keep coming here for support. You'll get there.

You may also want to contact your local MP as they usually have leverage with the local authority.

Edited by Ntv on Thursday 24th March 10:11

[matrignano]

Thanks all for the advice and support.

Think I need to take some legal advice before anything else!

[Ntv]

matrignano said:

Thanks all for the advice and support.

Think I need to take some legal advice before anything else!

Speak to the Leashold Tribunal service linked above. And get copies of those leases.

[JeffreyD]

Ntv said:

matrignano said:

Thanks all for the advice and support.

Think I need to take some legal advice before anything else!

Speak to the Leashold Tribunal service linked above. And get copies of those leases.

Definitely speak to your conveyancing solicitor asap. And start the complaints process.
You will have to do that if you are going to make a claim against them anyway.