• Completing LP1 Truthfully As Non Selling Freeholder

    By Guest on 22nd Feb 2021

    I own one of two flats in a house that has shared freehold/leasehold. My fellow freeholder/leaseholder is selling her flat and her solicitor has asked to complete the TR1. She has been an absolute nightmare and has broken the lease repeatedly, including preventing my right of emergency exit from my external staircase to the street through a gate in her garden by putting a lock on it and refusing to give me a key. I eventually had to threaten to report this to the police before she would budge (I had never previously used the exit in 5 years and only discovered that she'd put a lock on the gate when I actually did need to use it.)

    She did then replace it with a bolt, but despite my polite requests, her tenants continued to block it by placing plants on the stairs.

    The LPE1 asks if there have been any disputes or breaches of the lease and as it's a legal document, I feel that I cannot lie and say there haven't been. In particular, I'm concerned that the new buyer will continue to breach the lease by blocking the staircase and I don't want to start off on a bad foot with them by having to mention it straightaway.

    I've explained my difficult in completing the form to the buyer's solicitor and said that I want to be helpful and would be happy to complete the TR1 to say that there were no breaches or disputes if they would make it clear to the buyer as part of their enquiries that the staircase is part of my property and that my exit must not be blocked or obstructed. They have ignored my email.

    I'm assuming therefore that they would prefer their client to lie on the LPE1 than clarify this. May I further assume that in setting out my concerns and making a reasonable offer to resolve them I have therefore made my best efforts as freeholder/leaseholder in assisting with their client's sale?

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