Property question

[Angelina]

I just want to understand my position, if anyone has any experience?

I bought a flat around 2003 and renovated it, changing the layout. Since then myself and the other leaseholders bought the freehold (as shareholders of a company).

Now, after nearly 20 years, I've been asked by the other freeholders to put my flat back to its original layout.

My question is - if the freehold was bought with the conversion already done, does that mean that the layout at the time was accepted? or does it mean I need to get retrospective permission?

Too much time has passed and I have paid all service charges, major works etc so they have negated their right in any case.

Thanks

Angelina

[diable rouge]

A lot will depend what your original lease stated and also what you signed up to when the Freehold was taken over.

It's normally a requirement in leases to seek permission from the Freeholder for changes to layout etc, which I presume you didn't as you haven't mentioned you did, but there might indeed be a time limit when this can be retrospectively enforced, similar to Planning Permission.

Or, the lease might not state you need the Freeholder's permission, in which case there wouldn't appear to be a case to answer for.

Either way, best to get proper legal advice from a property law specialist so you can reply to the Freehold company formally in writing...

[sally buying]

Why have they suddenly asked you to return to original configuration.

Have many of the other flats recently be sold.

[Angelina]

it's a long story - I have complained about the quality of the work that the Property Management company have done - as there is damage to my flat from blocked drains, leaking roof and from leaks from flat above.

Their response is to challenge me on something that happened a long time ago rather than address the issues.

I have a solicitor but just asking here.

I will check the lease but it's really if the layouts of the property are set if a freehold changes hands.

[KidKruger]

Could be that so many years have passed, with no complaints from other lessees, no negative impact to the rest of the block, that it?d be very difficult for any enforcement to occur.

Even something stipulated in a lease or other agreement, if a long time passes with no challenge, in some cases the original rules become moot.

I?d clarify what negative impacts the other lessees are concerned about, and if no negs it may be worth politely declining and leaving it to the rest of them to try and get enforcement if they?re so keen.

It?ll be expensive for them and may well not be fruitful.

What are their actual concrete concerns apart from simply protocol/procedure.

Seems impractical if no physical problem caused by the 2003 layout.

[KidKruger]

Sounds like distraction.

Separate issues.

Pursue the issues around quality of work, your rights don?t get deleted because of some bun-fight over historic layout.

Your rights remain intact, perhaps they need reminding.

Angelina Wrote:

-------------------------------------------------------

> it's a long story - I have complained about the

> quality of the work that the Property Management

> company have done - as there is damage to my flat

> from blocked drains, leaking roof and from leaks

> from flat above.

> Their response is to challenge me on something

> that happened a long time ago rather than address

> the issues.

>

> I have a solicitor but just asking here.

> I will check the lease but it's really if the

> layouts of the property are set if a freehold

> changes hands.

[Angelina]

It is distraction. They are trying to avoid questions such as "prove you have cleaned the drains in the last ten years" (which they haven't) and so on.

typically bully behaviour.

Good point about impact on other flats - there isn't any - everyone has known about the work I've done since we were doing it.

Quite pleased I have a fab solicitor.