General Chat

is there anyone out there that can help me with info please?
My daughter is buying a flat and the freeholder has not collected ground rent or maintenance payments for over 2 years, she would now like t sell this place, it has been assumed by other tenants that the freeholder could have died because of his age.
What problems will this cause on trying to sell flat and what can she do about it.
Maureen

Hi Maureen

I have no idea of the answer, it might be a bit too specialised for us on here, but if either you or your daughter have car insurance or house insurance, you are likely to have a legal advice helpline relating to anything - doesn't have to be related to the insurance. Some employers also provide the same thing for their staff.

Duncan

Failing that she can probably get advice from the CAB. Does she have an address for the Freeholder? I guess an estate agent would also know the answer. If the freeholder has died it would have been part of the estate so that would be the first question to ask/get answers for.

Along the lines of Duncan’s Legal help line- Presumably she will be asking a solicitor to handle the conveyancing.
It would probably be best to consult them before she gets an offer. I’d imagine a situation like this could pose some problems with the sale, and isn’t something that could be hidden.

Thanks everyone for your replies.
I was being a bit cheeky really, i know what a vast wealth of knowledge members on here seem to have and was hoping i would just strike lucky with someone that could help. You might have noticed the time when i put my message on here, i was worried sick what daughter has got herself involved in and couldn't sleep.

To be honest - she has been completely 'had over' by what i would call a 'con merchant'
Always lived at home and just paid her keep to me, never got involved with high finance.
She met this chap who owned a few properties that he rented out, started going out with him and after a year he talked her into buying this flat from him - to rent out - which is what she has been doing for the past 2 years, she also moved in with him - she was 24, he 42.
Big arguments indoors over it but he was 'Mr Wonderful' and she just wouldn't listen..

It then transpired that he was 'involved' with a female who he is buying these properties with - although she is married to an Estate Agent she is using her maiden name to purchase properties with him. Ones that the Estate Agent gets to know about because they are repossession's(She also suspects there is something more than buying properties going on between the 2 of them).

My daughter was introduced to a Solicitor via this estate agents and somehow he managed to wangle a fixed rate interest only mortgage for 2 years which amounted to 5 times her salary - 100% of the property.(I suspect they are all in it together)
At the time the freeholder had disappeared but she was not told about this (learnt this from other tenants afterwards)now the fixed rate has run out - cannot get another one so has had to go onto a variable rate one,, she is OK at the moment because of the low interest rates but things wont stay like that forever.

'Mr Wonderful' has turned out to be a complete alcoholic bully and is never at home, so she has given the tenants notice to quit in her flat and is intending to move into it herself, i think she should cut and run while she can, but i am wondering how she will sell it if no-one knows where this freeholder is and could there be someone lurking in the background that is suddenly going to come asking for back payments of fees that he hasn't claimed.

My experience of CAB hasn't bee all that good when i have asked for advice on other matters, the cost of Solicitors i find quite frightening = i saw one advertise at 84.00hr and quite frankly its money neither her or i can afford.

Hello Maureen,
Maybe your daughter could ask at the Land Registry Office. They should have a record of the last feeholder..
Tricia xx

Isn't there still a free hour service with some solicitors?

This sounds as if it could be a real problem !

I hold the Freehold of 2 flats,and although I do not collect the ground rent (which is a peppercorn !!) the Solicitor acting for any purchaser is supposed to notify me of a change in ownership.

You may find the Land Registry will only deal with a Solicitor.

Hopefully she or her Solicitor have the deeds ?

Sounds to me as if the whole set up is dodgy and she should speak to a solicitor about it, and not one recommended by the man she is/was involved with. Might even be worth talking to the police, this all smacks of illegal behaviours by the wife of the estate agent etc
Personally I wouldn't have given the tenant notice for the moment as at least she was getting rent to pay the mortgage and she can presumably move in with you for the time being? If she is living at the property herself, the others will know where she is and that she is there alone, and could cause her major problems.
Good luck to her, I hope she will be careful in future who she listens to.

Lizx

Might these be able to give you some advice? Just google LEASE to see the site.

LEASE, The Leasehold Advisory Service, is an Executive Non Departmental Public Body (ENDPB) funded by Government to provide free legal advice to leaseholders, landlords, professional advisers, managers and others on the law affecting residential leasehold and commonhold.

our online enquiry form
or you can speak to one
of our advisers by calling
020 7374 5380
Lines are open Monday to Friday from 9:30-5:00

Good luck.

Hi Maureen

You haven't been cheeky at all, this is a general message board. If you were a bit more fortunate there would have been a solicitor looking on here.

I know this is easy to say, but my feeling is that you don't need to worry too much about your daughter, she has done nothing wrong and this has to be sortable. But she needs good advice. I agree with you about Citizens Advice, that's why I didn't mention them.

Ann's suggestion about LEASE sounds a thoroughly good starting point.

Good Luck

Duncan

APOLOGIES TO EVERYONE WHO HAS BEEN WRITING, ITS A BIT AWKWARD TO WRITE AT THE MO. I AM NOT IGNORING YOU ALL
MAUREEN