Postby supergirl » Wed Oct 19, 2011 7:50 pm
Hi there
I am surprised at your comment saying it is all very slow with the council to buy the freehold. They want to get rid of (whenever it is possible ie. not council estate) their freehold. This is why you find that they are doing the bare minimum or not at all regarding maintenance works.
I would definitively recommend to buy the freehold with the owners of the other flat. You need to be more than 50% of the people living in the building to do so (which obviously you are) and you have the right to buy when you have been there for a minimum of 2yrs.
You need to set up a company with the other people, that way it is transparent and clear. Because you or the others will sell or rent the flat at some point it makes things more straighforwards like who is paying what, what works are to be done and so on. There are a lot of infos on the web.
If for any reasons you cant or dont want to buy the freehold, you have the right to set up your own management company it is called "the right to manage". That way you are the one in charge of the building insurance and the maintenance of the property. You dont own the freehold but you manage... Again, you should/need to set up a company with the other people.
One thing you need to know is the law is in the favour of whoever wants to buy the freehold. The council needs to send a valuor to estimate the purchase of the freehold and therefore to give you a quote. But as I said earlier they want to get rid of them so their quote should be (speaking from experience) good value. If for any reasons it was not, there is a tribunal where you can go to (cant remember the name on top of my head) and they usually rule in the favour of the people who wants to buy it. But again, I would be very surprised if you had to go down that route when dealing with the council.
PM me if you have more question. We were in your situation.
Good luck