Legal Knowledge Legal Questions & Answers
Q
I live in a small block of eight flats where we share the freehold. A year
ago a flat was sold and the new owner, with no mortgage moved in. He hasn’t put down carpets, He’s acquired a rent paying lodger and they have been burning stuff in the communal garden – all forbidden in his lease. It’s all very well saying we should “enforce” the lease but what does that actually mean? Can we take his lease off him and throw him out? Or do we just pay for a load of legal letters that will be ignored?
having a share in the company. Check who is entitled to make the decisions on behalf of the company and who’s entitled to be directors. Te freeholder will be the landlord and generally the landlord has the power to enforce covenants in the lease – i.e. the power to compel a leaseholder to observe or abide by the covenants, regulations and so on included in the terms of the lease. Most leases entitle a leaseholder to make the landlord take action for breach of covenant, provided that leaseholder indemnifies the landlord for the associated costs.
A
A company was probably set up to own the freehold, with each of you
Te terms of the lease are likely to allow forfeiture of the lease for breach of covenant, meaning that the flat reverts to the freeholder. If the leaseholder will not admit the breach, the landlord must apply to the First tier Tribunal (Property Chamber) court for a determination of the breach. Only aſter that can the landlord apply to the court for an order for forfeiture of the lease. If court action is needed it would be prudent to seek advice from a legal expert. If the leaseholder doesn’t understand his obligations, then as the landlord, try to explain and help him in the hope of avoiding costly litigation.
have discovered problems with an RSJ installed previously when a wall was removed. I have now found there is neither building regulations consent nor indemnity insurance for the work. I have been chasing my solicitor about it but she is ignoring my calls. It seems I now have to pay for a structural survey or pay for someone to come and see what the problems are. Should my solicitor have arranged indemnity insurance?
Q
I recently purchased a house as a cash buyer. Since moving in I
but gives no reassurance as to the safety of the works. Your solicitor should have provided you with the Property Information Form in which the seller should have disclosed all works to the house. Te building regulations completion certificate for the removal of the wall should have been obtained from the seller. If it was unavailable and no certificate was revealed in the local authority search, your solicitor should have raised enquiries of the seller’s solicitor. Your solicitor should have advised you to have a survey. A report from a structural engineer would have been another option. Ask your solicitor’s firm for details of its complaints procedure and explain in writing what has happened and your concerns. If your complaint is not dealt with satisfactorily you may go to the Legal Ombudsman. You may have a claim if your solicitor failed to advise you properly. You could also request a copy of the file, so that you can see what steps she took. If the sellers failed to disclose the removal of the wall, there may be a claim for misrepresentation against them.
A
Indemnity insurance is possible for lack of building regulations consent
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