This feels like it should be criminal?

This feels like it should be criminal?

11:17 AM, 8th July 2022, About 2 years ago 18

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For the last month, the freeholder of my property has blatantly refused to supply my conveyancing solicitor (and I) with a copy of the Building Insurance Certificate & Policy to which I am legally entitled ‘free of charge’.

Despite daily requests since the beginning of June from solicitors, brokers, lenders, myself, he is still refusing to comply with his legal responsibilities and obligations set out in the lease, despite having done the following…

Sent individual ‘Formal Requests / Notices’; mentioned the ‘Freedom of Information Act’; made him aware that he is in breach of several clauses in the Lease; reported him to the Tenancy Relations Officer at Lambeth Council; sent an Application for an Order under section 20C of the Landlord & Tenant Act 1985 (and a copy to the First-Tier Tribunal); served him with a Preliminary Notice to Appoint a Manager under Section 22 of the Landlord & Tenant Act 1987 (copy sent to FTT); and very soon will send an Application to Appoint a Manager / Management Co. under Section 24 of the L&T Act 1987 to the FTT.

My property is currently on the market. The Freeholder is deliberately OBSTRUCTING the completion of my re-mortgaging which the new Lender’s solicitor requires a copy of the Building Ins. Cert., without which the loan cannot complete!

Due to his lack of compliance and unwillingness to assist with my solicitors’ requests, he was made aware that the loan needed to complete by 29th June (last Wed.) otherwise I would be attending a court hearing for repossession – yet still, this did not provoke a response, so I ended up in court because of him!

Thankfully, my property was not been repossessed, but the hearing has been adjourned so I’m not entirely out of the woods yet!

As a direct result of his deliberate, spiteful & vindictive actions, retaining this ‘much needed’ documentation cost me just under £8000 in legal & court costs, which has been added to my ‘expired’ loan. If he had just emailed my solicitor the 2 documents she’s been requesting for 4 weeks, the new loan would have completed, the expired loan paid off in full and the court hearing would have been cancelled!

Instead, by deliberately obstructing the completion of my loan, he lost me £8000 and almost my property!

Having exhausted almost every route there is in an attempt to be supplied with documents to which I am legally entitled, I am feeling extremely irritated, annoyed and frustrated.

Does anybody know if he could be arrested for a criminal offence?

Deliberately obstructing my loan completion has made me lose £8000!

Surely this is criminal!? It ******** feels like it!!

Steven


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Been there

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11:31 AM, 9th July 2022, About 2 years ago

Firstly you are accusing your freeholder of delibarately doing this that and the other when it is not obvious he/she has not even seen your communications let alone actively taken actions directly against you.
Secondly any conveyancing solicitor would be totally aware of indemnity insurance polcies which are available to cover missing paperwork such as this. Thirdly did you attempt to contact the insurers directly??? Take stock and think again....

R1biker

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6:32 AM, 10th July 2022, About 2 years ago

Reply to the comment left by Darren Peters at 08/07/2022 - 11:48
Thanks for your comment.
I took out a bridging loan c.2 years ago which has recently expired, so have applied for a 're-bridging' loan until my property sells. I have already contacted insurance companies which the freeholder has used in the past, but apparently he found a cheaper quote elsewhere. It is not my responsibility to insure the building. If I did, I would be in breach of the lease. Besides, there are a few other issues which need the freeholder's response:
• a clear receipt for Ground Rent and Service Charge;
• confirmation that there is no ongoing breach of covenant by the tenant (leaseholder);
• confirmation as to the procedures to be applied following completion in relation to any Notice of Charge and if the case involved the transfer of the Property, in respect of the transfer thereof (because it should be in the lease but is not);
• confirmation that no major works are anticipated to the building within the reasonably foreseeable future that could lead to a substantial increase in service charges.
I came across this article: https://www.welhat.gov.uk/policies/banning-order-policy-non-compliant-landlords/7
The problem is I don't have time on my side.
I have sent an Application to replace the Freeholder by appointing a Manager / Management Company under Section 24 Landlord & Tenant Act 1987 to the FTT, opted for FAST TRACK, marked it as 'extremely urgent' and explained the reasons why. The freeholder is in BREACH of the lease by not supplying me or my solicitor with the insurance documents! Section 5, Clause (v): "...and whenever required to produce to the Lessee or his mortgagee the policy for such insurance and the receipt for the last premium..." The freeholder has been made very well aware of the urgency to supply us with this documentation since the beginning of June!

R1biker

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6:42 AM, 10th July 2022, About 2 years ago

Reply to the comment left by David Smith at 08/07/2022 - 13:46
Thanks for your comment.
I own 1 of 4 flats in the building, of which the rest are rented out to Tenants and which are owned by the freeholder, so Collective Enfranchisement, RTM & RMC are sadly not options I can use.

R1biker

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6:49 AM, 10th July 2022, About 2 years ago

Reply to the comment left by Been there at 09/07/2022 - 11:31
Hi
You are damn right I am accusing my freeholder of failing to uphold his legal responsibilities as freeholder of my property! My solicitors have been requesting documents from him since the beginning of June! Secondly, the paperwork is not missing, he is blatantly refusing to supply us with copies, which is a contravention of the lease. Thirdly, though it is not my responsibility to go chasing insurance companies he has used in the past, I did so in any case. But it's not just the building insurance documents he is failing to provide!. He is in breach of several clauses in the lease. And 2 years ago he served on me a fraudulent statutory demand for over £21,000, the majority of which was 'for the use of a Thames Water pump' which was never installed at the property. He was attempting to make me appear fraudulently bankrupt! From the tone of your comment it sounds like you are taking his side!
Think again!!!

R1biker

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5:10 AM, 12th July 2022, About 2 years ago

Reply to the comment left by Mike in Worthing at 08/07/2022 - 14:36
Hi Mike,
Thanks for your advice.
1. Would serving a 'Statutory Demand' on the freeholder be quicker and more effective?
2. Do you know which form I will need to place a charge on the freehold?
I've contacted CCMCC, awaiting their response & advice.
3. Would you suggest using CCMCC or Claim Form N1?
Judging by the 4 x 'thumbs up' to your response, it seems your advice is the BEST! 😉
Thanks for your help.
Kind regards,
Steve

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5:32 AM, 12th July 2022, About 2 years ago

Reply to the comment left by Judith Wordsworth at 08/07/2022 - 14:05
Hi Judith
I need details of the building insurance for the current year not when I purchased my property in 1995! The freeholder is using a different insurance company as I've tried contacting 2 companies he's used in the past. BUT it is not my responsibility to go chasing insurance companies for documents. It is the legal responsibility of the freeholder to produce these documents upon the request of my solicitor Also, he is duty-bound to comply to supplying me with the Building Ins. Cert. & Policy under Section 30A paragraph 2 & 3(1) of the Schedule to the L&T Act 1985. So, not only is he in breach of Section 5, Clause (v) of the lease, but has also committed an offence for which he can be prosecuted and is liable on conviction to be fined up to £2,500.The local housing authority can bring a prosecution.
The freeholder is an individual but hiding under the umbrella of a limited company of which he and his partner are the only 2 Directors.
I shouldn't have to ask for any documents! HE should supply them when he demands payment as it states in the lease, of which he is in breach of another clause, Section 3, Clause (v)(i). "...the LESSEE is under no obligation to settle any demands without the LESSOR first supplying estimates, receipts, etc for the sums being demanded". I know that clause from memory!
Why do a couple of you think it 'odd' I'm re-mortgaging and selling at the same time? This has no relevance whatsoever on the fact the freeholder is failing to uphold his legal obligations and obstructing the completion of my loan application for refinancing. To settle your curiosity, I took out a bridging loan over a year ago, but due to its expiration, I now need redeem it with a re-bridging loan. All problems courtesy of COVID!
Not that odd after all is it!

R1biker

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10:05 AM, 21st April 2024, About 8 months ago

Reply to the comment left by Darren Peters at 08/07/2022 - 11:48
hi
Thanks but it is the responsibility of the Freeholder to insure the building otherwise i would have done so myself. If 'I' insure the building, it will be insured twice, one policy will cancel out the other and 'I' will be in breach of the Lease for insuring the building!

R1biker

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10:11 AM, 21st April 2024, About 8 months ago

Reply to the comment left by Been there at 09/07/2022 - 11:31
Yes I am!
Indemnity policy not available.
And without being supplied the building insurance documents, how do you suppose I know which insurance company he's used?
He's a ****
Cost me over £200,000, almost lost my property in march last year AND my life! So why don't you TAKE A STEP BACK OFF THE END OF A SHORT PIER!? Accusing me of wilful misconduct when it's HIS responsibility to isure the building! Not mine! You read the Lease have you? No...so you know where to go!

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