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Leasehold legal issue - liability for other owners

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  • Leasehold legal issue - liability for other owners

    Yes, I know what everyone thinks of leasehold, but please, advice only, if you have any. Condemnations of leasehold are not helpful when it's too late.

    Person A bought a leasehold unit in a block of three that are cross-leased.
    Suddenly gets a letter advising that one of the other owners hasn't being paying their lease payments and owes a whole year's worth. Letter further states that, being joint lessees, all three owners are "jointly and severally" liable for the unpaid ground rent (news to both owners). Gives them two weeks to pay up (one year's ground rent plus legal fees) or the lease will be cancelled (and they will therefore lose their properties).

    The ground owners are clearly pr!cks as they have known about this issue for some time, as the missed payments were due in December and June, but chose to keep the other two liable owners ignorant until they issued their ultimatum. Can they do this? By that, I mean, insist on payment within two weeks or else? Surely, if they are going to exercise their right to make the other two owners responsible for the third owner's default, they would have to give them more time?
    My blog. From personal experience.
    http://statehousinginnz.wordpress.com/

  • #2
    As I am sure you will know it will all come down to the paperwork. The defaulters have presumably been given 6 months notice. Sounds legit but awful for the owner.

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    • #3
      Originally posted by sidinz View Post
      Yes, I know what everyone thinks of leasehold, but please, advice only, if you have any. Condemnations of leasehold are not helpful when it's too late.

      Person A bought a leasehold unit in a block of three that are cross-leased.
      Suddenly gets a letter advising that one of the other owners hasn't being paying their lease payments and owes a whole year's worth. Letter further states that, being joint lessees, all three owners are "jointly and severally" liable for the unpaid ground rent (news to both owners). Gives them two weeks to pay up (one year's ground rent plus legal fees) or the lease will be cancelled (and they will therefore lose their properties).

      The ground owners are clearly pr!cks as they have known about this issue for some time, as the missed payments were due in December and June, but chose to keep the other two liable owners ignorant until they issued their ultimatum. Can they do this? By that, I mean, insist on payment within two weeks or else? Surely, if they are going to exercise their right to make the other two owners responsible for the third owner's default, they would have to give them more time?
      It would pay to talk to a solicitor as this is a unusual situation
      I don't believe you can cancel a lease within 2 weeks
      I am saying this as my solicitor also started proceedings to cancel a ground lease and I was told we had to give 90 days notice
      Incidently The bank was given a copy of the notice and they paid at the end of the 90days
      None of my ground leases have joint lesses so my info may not be relevant
      Maybe some other PT have cancelled leases?

      Comment


      • #4
        Originally posted by Bobsyouruncle View Post
        As I am sure you will know it will all come down to the paperwork. The defaulters have presumably been given 6 months notice. Sounds legit but awful for the owner.
        But worse for the two paid-up owners who were in the dark and now under threat of losing their properties through no fault of theirs.
        My blog. From personal experience.
        http://statehousinginnz.wordpress.com/

        Comment


        • #5
          Agreed Sid, it's terrible.

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          • #6
            urgently start looking for a lawyer that specialises in leasehold property

            law society might know
            have you defeated them?
            your demons

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