Our freeholder is building another storey on top of our flats - The Times

Ed Cracknell, Partner in the Russell-Cooke Solicitors, property litigation team. Alexandra Ground, Partner in the Russell-Cooke Solicitors, real estate planning and construction team.
Multiple Authors
2 min Read
Ed Cracknell, Alex Ground

I am one of 20 leaseholders who live on an estate of 20 flats built in the 1970s on a 999-year lease. Two years ago the freehold came up for sale and one of the leaseholders purchased it and did not offer to share with the other leaseholders. Subsequently a freehold company was established that does not communicate with the majority of leaseholders.

We now understand that the freeholder intends to build on top of both blocks adding more flats. The freeholder has begun clearing land, without warning. Leaseholders are not being kept informed and have no idea as to what the plans are. No planning applications have been submitted to the council.

Partners Ed Cracknell and Alex Ground advise a reader on how to approach taking legal action against the freeholder of their property in a planning dispute, and touch upon the various potential arguments which could be made.

The full version of this article is available to read online by subscription.

Ed Cracknell is a partner in the property and housing litigation team. He regularly advises on landlord and tenant disputes, business lease renewals, rent and service charge recovery, possession proceedings, and dilapidations claims.

Alex Ground is a partner in the real estate team. She advises on all aspects of planning, highways and compulsory purchase including planning applications, appeals, negotiating s106 agreements, challenges and enforcement.

In the press Real Estate