Can Property Dispute Solicitors Prevent Minor Freehold and Leasehold Disputes From Going to Court?

Those who have invested in apartments to rent out often find themselves in a situation where they are joint freeholders with the owners of the other properties in a block. All the owners have a lease that will probably place restrictions on the works you can carry out to your own property.

I recently advised a property owner who had run into problems with some renovations. He owned a flat, which he rented out. The letting agent recommended a plumber, and the plumber had started work on renovating the bathroom. The owners of all the apartments in the block had set up a management company, and elected one of the residents as the director, to oversee maintenance issues.

The director advised the owner that he could not use the plumber of his choice, but had to use a contractor chosen by the management company. The director said he might even instruct solicitors to stop the renovation work. The owner was not pleased to discover that he should have paid more attention to the terms of his lease.

Most leases contain restrictions on works to apartments, and some, such as those that affect the structure, may be prohibited or require the consent of the landlord or a management company. Minor works can also be subject to regulations and could include a restriction on the choice of contractor. If you are in breach of the terms of your lease, the management company is within its rights to take action to stop you starting or completing works on the property.

It’s always advisable to check the terms of your lease before commencing any works, and if in doubt, obtain advice from a solicitor. It doesn’t always have to end up in court. IBB’s accredited mediators can help save you time, stress and money by using the alternative dispute resolution route.

Contact our specialist property solicitors to arrange an initial consultation for any property-related disputes. Call 08456 381381 or email propertydisputes@ibblaw.co.uk.