“A Dream”
It was supposed to be a dream come true. It was 2015 and I was buying my apartment. I was very aware that this “purchase” is a purchase of a fixed term – something like a long term rent, even if for 999 years. I didn’t like the fact that the contract called me a ‘tenant’ and I have a landlord. Just like until recently when I was renting a flat in London.
To some people, like some of my colleagues, these concerns of mine were just ‘a technicality’. They were English and didn’t seem to be bothered at all. I understood. When you grew up within any kind of system, you often don’t see it well, such as outsiders could.
The leasehold system
To me this leasehold system was always a big jaw dropper. Prior to some law updates when they made some leases 999 years long, the norm was more like 99 or 125 years. At those short terms I was absolutely certain that I wouldn’t buy any apartment in England ever.
I took the plunge. Somehow though I felt that there would be problems. I was right.
Quiet absent freeholder
Initially we had the typical quiet, absent and unreachable freeholder – a company named South Staffs Group Limited (now in liquidation). I wrote several times to them and the company that built the building – Mar City Homes Limited – about some defects in the basement – certainly the advertised electric car sockets were missing, to receive no answers or an answer. It was clear that nothing was going to happen about those missing charging points. Mar City Homes Limited soon was renamed to Aurora Living which was later dissolved. It’s interesting how companies change their names and simply run away from any responsibility.
Grenfell Tower fire tragedy. The fallout
In June 2017 we had the dreadful Grenfell Tower fire in which 72 people died. It turns out that the ‘bon fire’ of regulations the Conservatives wanted actually happened. Thanks to their loose regulations, companies put flammable cladding on many buildings up and down the country putting quietly millions at high risk. It’s interesting even why manufacturers are allowed to manufacture flammable insulation materials?
Active, visible and fraudulent freeholder
In 2020 “our” building was bought by a very interesting freeholder – The Old House Group – a little entity led by Mr. Nasser Alanizy. The gentleman has been very often at the wrong side of the law – from dumping rubbish in Wales and ordered to pay a fine to registering a misleading name of a company – “Lloyds Warranty Limited” and after being sued renamed it to “London Warranty Limited”. Some people simply spend their whole life in trying to fraud and trick people. The gentle man has 10 active directorships in companies all registered at his Mar House office address.
The Conservatives also adopted a quite ludicrous law called Permitted Development Rights – these rights allow extensions of building without the need to make a planning application. The freeholder has bought the 7-storey building hoping to quickly make 2 extra storeys, sell the apartments on the lucrative London market and no doubt we would have seen the dissolution of the company shortly after. Such a typical British scheme.
Image what our MPs did – in their effort to try to built more homes, they thought that perhaps existing buildings can be extended. Imagine buying a ‘penthouse’ apartment at the top floor and only then to hear that you expect 2 more floors about your head?!
Defect After Defect
As it turned out the building where I had the bad luck to buy an apartment in, had quite many defects – quite a low quality of construction. The a test of the cladding failed showing that we are indeed wrapped in flammable cladding.
On 2020-12-04 in a meeting between the leaseholders and the freeholder, the latter promises how he’d be willing to pay for all sorts of things – from concierge, security, balconies’ decking replacement and what not, in exchange for some positive comments on his planning permission application for the 2 extra storeys filed with Barnet Council. Some people bite the bait and put some positive comments, the majority however opposed. Barnet Council first rejected but subsequently approved that application. Recently, despite his company now in insolvency proceedings, the freeholder filed for an extension of the time limit (3 years) of this application.
Roller coaster. Bill after bill. Section 20 after Section 20
From that moment our roller coaster started. The freeholder thought that the Landlord and Tenant Act of 1985 gave him the right to purpose leaseholders for all sorts of expenses – at some point they sent 7 Section 20 notices (those are intents to do major work on anything where a leaseholder would have to pay more than £250).
The solicitor I was working with at that time said that sending 7 Section 20 notices is unprecedented and suggested that his office send them to Michael Gove MP. We countered successfully that attempt to charge us for everything despite the fact that these are historical defects and there is an NHBC insurance policy that every unit holder has. A year later we got an updated demand – almost the same 7 Section 20 notices.
Meanwhile my service charge bill was growing – from 120 per quarter to 550 to 990 to 1250 per quarter. Later they included some of those cladding and fire risk remediation costs – it reached £65,000 and I have a fellow leaseholder who owns a 2-bed apartment – his bill reached £99,000.
It has been a bumpy ride – it’s constant battle with these people, the freeholder, the managing agent. The managing agent simply doesn’t care what money they spend – it’s the leaseholder’ money! They are paid with that money but take instructions from the freeholder and that’s who their employer is.
I have never seen such injustice. This is why this undemocratic, feudal leasehold system needs to be ABOLISHED once and for all.
To be continued..