Axminster man caught out by leasehold trap

By Francesca Evans 20th Jun 2023

James Coles outside his property in Millbrook Meadows, Axminster
James Coles outside his property in Millbrook Meadows, Axminster

An Axminster resident has added his voice to calls for the government to reform leasehold laws.

James Coles, who lives in the town on the Millbrook Meadows estate, built by Wainhomes, saw the freehold on his flat sold last year.

The new freeholder, Bolton-based Landmark, has subsequently increased his buildings insurance from £72 per year to £248.

James said: "As the freeholder, it's Landmark's responsibility to arrange buildings insurance. If I could do it myself, I would.

"Unfortunately, without consultation, Landmark have chosen a policy which costs three and a half times the amount of the one Wainhomes used. As the leaseholder, I have no say in it and no choice in paying."

This affects not only James but also five of his neighbours, who are in the same position.

Lease extension

James is also in the process of extending the lease on his property, as the number of years left on the lease is set to drop below 80 years - after which it would become increasingly difficult to sell the flat and its value would begin to drop.

He said: "I used the government's lease extension calculator to workout how much it would cost to extend the lease, before legal fees, to make sure I could afford to do it – not that I really had any choice.

"The calculator said I would have to pay no more than £3,000 - but Landmark want £6,000. I have the option to go to a tribunal and have them decide the figure but my solicitor says it could easily cost me more than the £3,000 difference in costs by going down that route."

Property upkeep

James has also contacted the freeholder about the appearance of the property.

He said: "The outside looks awful. The ground level front exterior of the property is actually the rear of two garages that have nothing to do with me; I only own what's in between the internal walls of the first floor and the stairwell.

"The lease agreement makes it clear that the upkeep of the exterior of the property is the freeholder's responsibility but, of course, they don't want to know."

James concluded: "Leasehold is an antiquated, feudal system that goes back to the times of landowners and peasants. You're duped into believing you're a homeowner but, with a lease agreement, you're just as much a tenant as when you're renting – but with less rights.

"It's shocking this system is still allowed to exist. And, unsurprisingly, it's only in England and Wales that it is. It's just another example of 'rip-off Britain'."

     

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