I bought a first floor maisonette flat in a converted house, just over a year ago. The owner of the ground floor flat had become bankrupt in 2020 and the freeholder is seeking to acquire the property. The flat should be the freeholder's by February 2022. The freeholder told me that the lender (Nat West) had tried to repossess the property but Nat West had made a mistake with due process. I think what could have happened is that the lender had sent a court official to the downstairs property in September last year. The bank probably thought that by that time, the former owner of the downstairs flat would have had his debts discharged by the Official Receiver.
However, it appears the debtor is not cooperating and the Official Receiver has suspended his discharge. I was told when I called the Official Receiver that he is still a bankrupt. I read somewhere that if someone is a bankrupt, the creditors should apply to the Official Receiver and not seek to get in touch with the individual directly.
The freeholder wants to spend a lot of money on the property and the external house. Most of the building works he is suggesting are not essential or structural but more cosmetic and will help with a quick sell. When my surveyor looked at my property before I bought it, he suggested that a few things need to be done soon but others can wait. The problem is, I will have to pay for half.
The leasehold document that I signed said that both leaseholders have to decide and agree on repairs. He wants to do the deciding. For instance, I want to repair the front communal door but he wants a brand new one.
He suggests that I get a loan against my property. I am in my mid 50s and I have no plans to do that. He said his lawyers are fairly confident that he will have the property by February. At that stage, he will send me a list of "repairs". He said that ultimately, it could end up in a tribunal court.
I feel this is unfair, as this is about him selling a flat where the former owner owed him around £5k. I am not sure if he has to pay the lender back what Nat West is owed but in either case, he stands to make a tidy profit. I would like to suggest a sink fund of about £500 a year each but he will not be interested in it as he would like the builders over ASAP.
I am thinking of writing to Nat West, to see if they have given up on repossessing the property. Does anyone have any suggestions please?