Awkward Freeholder

adamuk18 · May 14, 2019

We have a property lease hold that sits on a small development with a few other properties. Lately in our opinion its looking like it needs some tender loving care and maintenance has gone down hill.

We contacted the freeholder who is difficult to say the least. We requested a copy of contract/lease but they turned round and said ask your solicitor they will have it.

I imagine they must have some obligation to provide documents.. ?

The Byre · May 14, 2019

No. They have a copy and you have a copy. If you lost your copy, that's your look-out (sorry to be blunt!)

Mr D · May 14, 2019

Your solicitor has an obligation to provide it if they hold it. And they can of course charge.

The Byre · May 14, 2019

The Byre said:
No. They have a copy and you have a copy. If you lost your copy, that's your look-out (sorry to be blunt!)

I meant by that, the landlord is not under any obligation to provide a copy - solicitors usually store copies of things like deeds and contracts for free and cannot withhold them.

deniser · May 14, 2019

If your lease is longer than 7 years there should also be a copy filed at the land registry and they will send it to you for a fee if you explain why you want it.

WaveJumper · May 14, 2019

Obviously once you get hold a copy of your lease and establish what level of maintenance the landlord should be doing, check the small print to make sure he cannot be leveling any charges your way before you push to hard. Do you pay a separate service charge by any chance.

MOIC · May 14, 2019

A small development will normally have a managing agent acting for the freeholder.

Check the lease.

adamuk18 · May 15, 2019

yes we pay service charge and ground rent.

MOIC · May 15, 2019

They managing agents look after all the details involved with maintenance.

Check the lease (when you have a copy - perhaps ask your neighbors in the development) to see when cleaning/painting etc is due to take place. This is usually periodically and applies to general/shared parts of the development.

In many cases, the leaseholder must paint and maintain their unit.

ComPropSolicitor · May 15, 2019

its not really in their interests to not provide you with a copy. That said, a copy can probably be obtained at the cheapest price from the Land Registry directly for £3.00. Failing that you can go back to your solicitor - who should have it stored away in a Deeds packet.

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