Q: I own the top flat in a three-flat building. Each flat is leasehold and the three owners are directors of the company that owns the freehold. The maintenance of the building is clearly spelt out in the freehold company charter, but this has been ignored. There is damp everywhere, there are leaks and the gutters and a flat roof need replacing. My co-owners prefer to wait for the apocalypse rather than make any repairs now. How can I enforce the terms of the freehold, which call for maintenance?
A: Check the freehold company's articles of association to understand the process that needs to be followed. It is unlikely you could make decisions on behalf of the company on your own, and at least majority board approval is likely to be required.
Ed Cracknell appears in The Sunday Times Home Help section answering this question.
Ed is a senior associate in the property and housing litigation team. He specialises in all aspects of property litigation and property dispute resolution. His areas of expertise include landlord and tenant disputes, business lease renewals, rent and service charge recovery, possession proceedings, and dilapidations claims.
The Sunday Times Home Help 7 April 2019.pdf