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Re: Extending lease on flat (own share of freehold)
If the Freeholder is a limited company (most likely) then you would be a shareholder. This means you should have been issued with a share certificate at the time. Although AGMs are no longer compulsory, you should be invited to any that do take place.
Decisions made by the Freeholder/Company cannot override the terms of your lease. If the Freeholder fancies putting a helipad on the roof, and there's no provision in the lease for this, then they can't do it and expect the lessees to pay for it.
The repair and maintenance of the property is a separate legal issue and that involves each and every lessee regardless of whether they have bought a share of the Freehold or not.
If the expenditure for any works will cost more than £250 to any lessee then there has to be a formal legal consultation under Section 20 of The Landlord and Tenant Act 1985 (amended). That's when you and the other lessees will be able to voice your objections (if you have any) following receipt of the (1st) Notice of Intention. The Freeholder then has a duty to address your concerns and respond to them in the (2nd) Notice of Estimates.
If the s.20 consultation is not carried out lawfully then you will not be obliged to pay more than £250 towards the works.
It's all explained here on the Government funded LEASE website > http://www.lease-advice.org/advice-g...-their-agents/
Di x
Originally posted by outlawlgo
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Decisions made by the Freeholder/Company cannot override the terms of your lease. If the Freeholder fancies putting a helipad on the roof, and there's no provision in the lease for this, then they can't do it and expect the lessees to pay for it.
The repair and maintenance of the property is a separate legal issue and that involves each and every lessee regardless of whether they have bought a share of the Freehold or not.
If the expenditure for any works will cost more than £250 to any lessee then there has to be a formal legal consultation under Section 20 of The Landlord and Tenant Act 1985 (amended). That's when you and the other lessees will be able to voice your objections (if you have any) following receipt of the (1st) Notice of Intention. The Freeholder then has a duty to address your concerns and respond to them in the (2nd) Notice of Estimates.
If the s.20 consultation is not carried out lawfully then you will not be obliged to pay more than £250 towards the works.
It's all explained here on the Government funded LEASE website > http://www.lease-advice.org/advice-g...-their-agents/
Di x
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