Freeholder from hell

[danielles]

Hi all, My freeholder is being an ass (to put it lightly) as I am pushing his hand to attend to urgent external repair works which have caused damp to come into my home for well over a year. He is trying to make my life difficult by enforcing random lease clauses he has never bothered with in 7 years. One is in relation to him being able to inspect my property and ask for repairs to take place. I live in England – so if any of you lovely people know the law and could help me out I would be ever so grateful. I have done some research online and found some answers. His demands and my notes below.

 

 

1. The windows do not have window restrictors fitted, therefore causing a serious safety risk. Window restrictors must be fitted to all windows. ------I believe current regs only apply to new builds – if you know otherwise, please do let me know? Windows are double glazed with a handle you turn – the bottom half of the window then tilts out to approx. 45 degrees max. (we are on the first & second floor above commercial premises) It is not stated as a requirement in the lease.

 

 

2. On the day of the inspection we were unable to see the spur switch to the oven. All appliances should meet the health and safety standards. We require the gas and electrical certificates. ------I need to try and find the spur over the weekend Am I obligated to provide him with gas & elec certificates? It is not stated as a requirement in the lease.

 

 

3. The electric meter and main fuse switch box are also not positioned as per the legal height requirements. They should not be higher than eye level and should be easily reachable without the aid of a ladder ------ I already know current rules and regulations are only applied to new builds as it would be impossible to retro-enforce the law Am I still required to alter though?

 

 

4. Remove the key operated door locks from the bedroom doors and replace locking mechanisms which do not require a key to open the door from the inside in order to aid escape in the event of an emergency. ------ Re: Internal flat locks - all rooms in the house have door handles with a key that turns a look (where the key can be removed from the lock).

 

 

Aside from the WC & Shower Room we don’t actually use the locks, however is there any legal regulations on whether or not I can have these on internal doors (including the WC?) ------Re: the Lock on main door / communal entrance - Ironically this door to the building which is within the freeholder’s remit does not have a snib lock and requires a key to open. It’s the only escape route so if there was a fire and we couldn’t find the key we would be unable to leave the building.

 

 

Are there any rules & regs regarding external / communal doors and the lock required? Thanks in advance, won’t let the bugger bring me down!

Edited July 17, 2014 by Conniff

[Conniff]

It's not my forte but a lot of that sounds more like commercial building regs like hotels etc, not private dwellings.

[Conniff]

You can probably buy the freehold if:

 

• your lease covers the whole house - not just an individual flat or maisonette
  
• the lease was granted to the original leaseholder for at least 21 years
  
• you have owned the lease to your home for at least two years (you don't have to have lived in the property during that time).
  

However, you may be excluded from buying the freehold if:

 

• the freeholder is a charitable housing trust
  
• the public has the right of access to your property
  
• the freehold includes adjoining property (such as farm land)
  
• you have a business lease (although there are some exceptions)
  
• you bought your home through a shared ownership scheme and have not yet bought the remaining shares in your home.
  

[f16]

Hi danielles and welcome to CAG.

 

How old is the building ? How long have you had the lease ?

 

Point 1. You are correct. New builds only.

 

Point 2. Check the "fuse board" is there a "fuse" marked cooker ? If so check the cupboards to the left, right and behind the cooker for the isolation point.

 

Point 3. The mans "Talking rubbish". New builds only

 

Point 4. Ditto above.

 

Point 5. No fire escape should need a key. Check points 1 and 5 with your local Fire Dept.

 

Good luck F16