Six-month nightmare to fix hole in roof as freehold of Ramsgate flats block owned by King Charles
05:00, 25 August 2024
updated: 13:02, 29 August 2024
A man has told of his “nightmare” efforts to fix a gaping hole in the roof of his apartment block - after discovering King Charles owns the building.
For six months Peter Batt’s flat at Priory Courtyard in Ramsgate has been impacted by the structural damage, with water leaking into his home when it rains.
But he and other leaseholders are unable to secure a loan for the £74,000 repairs after it emerged the freehold to the site is held by the Crown Estate - a £16bn land and property portfolio owned by the British monarch.
It automatically acquired the title in 2017 after the developer who built Priory Courtyard forgot to transfer it to a Residents’ Management Company (RMC) comprising all leaseholders.
It has left Mr Batt having to navigate a legal minefield in his attempts to have the roof repaired.
The 59-year-old explained: “The original developer set up a company to aid the build and sale of the units, then dissolved it as is standard.
“Due to some oversight or balls-up, the freehold did not transfer over to the residents’ management company.
“Because the [developer’s] company had been dissolved, and the title wasn't transferred, the land then officially became ownerless.
“This means that the residents' company can’t secure a loan to repair the work.”
RMCs are non-profit firms formed by leasehold residents to look after the management and maintenance of the building they live in.
If they take ownership of the freehold - as was intended to be the case at Priory Courtyard when it was finished in 2007 - it means they have more control over the funding of any structural work.
But the original developer of the site, John Walker, who also owns a flat there and is part of its RMC, says the title was not transferred because of an “administrative error”.
He told KentOnline: “What happened was, when we were done with the development and the company was wound up, someone forgot to transfer the freehold to the residents company. It was an administrative error.
“We discovered that it had been transferred to the Crown about three years ago, but we took advice from solicitors at the time who said it wouldn’t matter as the homes were on a 199-year lease.
“Now, this issue with the roof has come up.
“We are trying our best to speed things up and get the freehold back, but it is taking some time.”
The building was automatically transferred to the Crown as part of a process called escheat - when ownerless land is passed to the sovereign as “lord paramount of all the land in the realm”.
But the Estate is not able to take any action that could be deemed an act of management, possession or ownership - such as fixing a leaking roof - as it may incur liabilities associated with the property.
The RMC at Priory Courtyard is now taking steps through the courts to obtain the freehold to the building.
However the complicated and drawn-out process has left Mr Batt to deal with the ongoing effects of the leaky roof, which mostly impacts his top-floor flat.
Fortunately, he moved out of the property to live with his partner before the hole opened up in February but has a tenant waiting to move in.
Surveyors have determined the roof needs entirely replacing at a cost of about £74,000.
“This has been a nightmare,” said the businessman, who also has a hole in his ceiling made by workmen examining the roof.
“For a couple of months at the beginning, I'd spend hours a day emailing people and trying to push them to see what the latest situation is and what their latest strategy was.
“I got as far as I could with that and then the only way you can deal with it is just to pretend it's not there.
“But it's always there in the background, and in the last month it has started waking me up in the morning.
“I find myself getting really angry.
“In all of this, I just felt terrible for my tenant and her daughter.
“They are living with friends and love this flat, so want to wait to move in.”
Mr Batt, who bought his flat in 2019, believes the leaseholder system should be scrapped.
“You are saddled with all the costs of maintenance and management without having the corresponding oversight, decision-making ability or access to accountability,” he said.
“I believe leaseholds are a throwback to feudal times and should be abolished and replaced by a commonhold ownership model that gives residents the rights and accountability that should be accepted in a modern democratic society.”
The Crown Estate confirmed it acquired the title to Priory Courtyard on November 22, 2017.
It could not comment on any application by the RMC concerning the freehold.
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