I have recently purchased the freehold for the building in which I am also a leaseholder. There are also 2 other flats in the building besides flat, neither of which hold an interest in the freehold. However, when I bought the freehold, I agreed to grant a superior lease to the rescinding freeholder for one of the flats thereby making taking them the superior leaseholder and the flat owner/occupier their under-lessee. The freehold title shows all leases except the under-lease in the schedule of leases.
Since buying the freehold I have instructed the managing agent to serve a section 20 notice of intention on the leaseholders regarding major works required in the maintenance of the building. This was served > 30 days ago and the works have been tendered. We were in the process of selecting the contractor and issuing the 2nd s.20 notice to the leaseholders when it emerged that the managing agent served the first notice on the under-lessee and not on the superior lessee.
I'm unsure of the correct process that should have been followed here, should the first notice have been served on all 4 lessees including under-lessee or to just the 3 leaseholders listed in the schedule of leases on the freehold title?
If the notice is correctly served on only the 3 leases, what is the process that the superior lessee should follow to inform the under lessee of the forthcoming costs and allow them input into the consultation process considering they are ultimately responsible for a proportion of the costs of the major works.
We are holding off serving the second notice until we are satisfied the process has been followed correctly, so any advice on remedial action if necessary would be gratefully received.
Since buying the freehold I have instructed the managing agent to serve a section 20 notice of intention on the leaseholders regarding major works required in the maintenance of the building. This was served > 30 days ago and the works have been tendered. We were in the process of selecting the contractor and issuing the 2nd s.20 notice to the leaseholders when it emerged that the managing agent served the first notice on the under-lessee and not on the superior lessee.
I'm unsure of the correct process that should have been followed here, should the first notice have been served on all 4 lessees including under-lessee or to just the 3 leaseholders listed in the schedule of leases on the freehold title?
If the notice is correctly served on only the 3 leases, what is the process that the superior lessee should follow to inform the under lessee of the forthcoming costs and allow them input into the consultation process considering they are ultimately responsible for a proportion of the costs of the major works.
We are holding off serving the second notice until we are satisfied the process has been followed correctly, so any advice on remedial action if necessary would be gratefully received.