Leasehold Vs Freehold

Well it sort of is with our permission it was part of the lease we just didn't know about until we signed and by then we were to far down the line, we didn't think we'd be here 10 years either :(
 
I'm the leaseholder on a 1st floor Victorian flat (Maisonette) of which I own.

Ground floor are the freeholder, of which they own. He says he's bought the leasehold. I presume for his flat.
On Gov.uk, the Land registry say he is the freeholder. Nothing else.
Is he still just the freeholder, both a freeholder and leaseholder or just being a sly bastard?
I'm awaiting a call back from Land registry, but thought in the meantime any insights would be appreciated, especially if this is their bag.
Google gives so many different answers

I have water getting through the roof, so he being the freeholder, should he pay for the repair ?

Thanks in advance for any help guys..
 
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Erling Haaland's Eyebrows said:
I'm the leaseholder on a 1st floor Victorian flat (Maisonette) of which I own.


Ground floor are the freeholder, of which they own. He says he's bought the leasehold. I presume for his flat.
On Gov.uk, the Land registry say he is the freeholder. Nothing else.
Is he still just the freeholder, both a freeholder and leaseholder or just being a sly bastard?
I'm awaiting a call back from Land registry, but thought any insights


I have water getting through the roof, so he being the freeholder, should he pay for the repair ?

Thanks in advance for any help guys..
Click to expand...
If he's the freeholder it doesn't mean much.

What is important is that you have a lease and in that will state various things like if ground rents are payable and what rights / obligations you have to do work etc

The best arrangement is that a management company is set up to maintain the exterior of the building including the roof. So you pay a management fee and the funds build up in that company and it pays t fix the roof etc.

Generally, If you don't have that the lease will say who has to pay for what.
 
Just to mske things more complex ...everything has..or is..about to change re Leaseholds in England and Wales...this vid is quite confusing as the narrator says the law has changed but when challenged in the comments section, agreed that with the changing of goverment,a lot is still up in the air.
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Oh great.....

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Erling Haaland's Eyebrows said:
I'm the leaseholder on a 1st floor Victorian flat (Maisonette) of which I own.

Ground floor are the freeholder, of which they own. He says he's bought the leasehold. I presume for his flat.
On Gov.uk, the Land registry say he is the freeholder. Nothing else.
Is he still just the freeholder, both a freeholder and leaseholder or just being a sly bastard?
I'm awaiting a call back from Land registry, but thought in the meantime any insights would be appreciated, especially if this is their bag.
Google gives so many different answers

I have water getting through the roof, so he being the freeholder, should he pay for the repair ?

Thanks in advance for any help guys..
Click to expand...
The freeholder is liable to make repairs to the building as they own it and you don't. Who pays for the repairs is a different story.

Usually there would be some sort of collective fund such as a service charge or sinking fund where everybody living there contributes to potential repairs. Do you pay for anything like this?

There may also be a management company in place who sorts out repairs and will collect the service charges etc. If there is one then the management company is your first port of call for repairs.

If there's none of this and nothing else is in your contract about your liability to help with repairs collectively then you aren't liable for anything. Either way unless the contract says different the freeholder must repair the roof if it's leaking. It's not your problem if nothing is in place on their part to make leaseholders pay for it.

Lying about not being the freeholder and therefore refusing repairs would probably fall under a form of fraud or breach of contract... Citizens advice could probably help with this.
 
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Gareth Barry Conlon said:
If he's the freeholder it doesn't mean much.

What is important is that you have a lease and in that will state various things like if ground rents are payable and what rights / obligations you have to do work etc

The best arrangement is that a management company is set up to maintain the exterior of the building including the roof. So you pay a management fee and the funds build up in that company and it pays t fix the roof etc.

Generally, If you don't have that the lease will say who has to
Click to expand...

inbetween said:
The freeholder is liable to make repairs to the building as they own it and you don't. Who pays for the repairs is a different story.

Usually there would be some sort of collective fund such as a service charge or sinking fund where everybody living there contributes to potential repairs. Do you pay for anything like this?

There may also be a management company in place who sorts out repairs and will collect the service charges etc. If there is one then the management company is your first port of call for repairs.

If there's none of this and nothing else is in your contract about your liability to help with repairs collectively then you aren't liable for anything. Either way unless the contract says different the freeholder must repair the roof if it's leaking. It's not your problem if nothing is in place on their part to make leaseholders pay for it.

Lying about not being the freeholder and therefore refusing repairs would probably fall under a form of fraud or breach of contract... Citizens advice could probably help with this.
Click to expand...
Much appreciated
There are only 2 people concerned, myself and the owner of the ground floor flat. No management company involved.
2 flats converted, from an original Maisonette.
 
Not an expert but I don't see how the leasehold element is important.
Lots of new builds house are sold as leasehold properties. If you buy one, does that mean you would never have to pay for roof, pointing, gutters, landscaping etc
 
117 M34 said:
Not an expert but I don't see how the leasehold element is important.
Lots of new builds house are sold as leasehold properties. If you buy one, does that mean you would never have to pay for roof, pointing, gutters, landscaping etc
Click to expand...

Leasehold means you don't own the land beneath and your house. You are also liable for extra charges, e.g. service charges and etc.

Freeholders are only responsible for structural maintenance.
 
Mr Kobayashi said:
Leasehold means you don't own the land beneath and your house. You are also liable for extra charges, e.g. service charges and etc.

Freeholders are only responsible for structural maintenance.
Click to expand...
So if you buy a leasehold house and the roof needs replacing, who pays for that?
 
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