Man is left 'suicidal' after £600k flat HE OWNED is seized 'because he redecorated'

Charles McCadden purchased the property in 2016 on a leasehold basis but didn't seek permission with the freeholder before having a new kitchen and bathroom installed.

Campaigners have called it the most extreme case of repossession they have seen and say it acts as a warning to other leaseholders.

The freehold for the two-storey Victorian building is owned by Afshan Malik, who lives in the downstairs flat.

Mr McCadden decided to update his home with a new bathroom, kitchen and central heating system but did not ask Dr Malik's permission.

The pair's relationship broke down over a disagreement about maintenance costs and Dr Malik took the case to a tribunal.

The court ruled last November: "These are serious breaches and the next step will be for the applicant to apply to the county court to forfeit the lease."

The Times reports Mr McCadden was ordered to pay £216.62 in outstanding service charges and Dr Malik's £300 costs.

But when he refused to pay or reverse the works, Willesden County Court issued a forfeiture order and then a possession order, transferring the lease into Dr Malik's name.

The ruling has left Mr McCadden with nothing.

Sebastian O’Kelly, of the charity Leasehold Knowledge Partnership (LKP) said: “Mr McCadden has been found to be an inconsiderate neighbour and a leaseholder with no understanding of his obligations.

"The sensible course would have been to reverse the works or settle up with Dr Malik for having carried them out wrongfully.

“But the loss of a £600,000 asset is out of proportion to the dispute. The key question is: what if it had been the other way around and the freeholder had been inconsiderate?”

Around 40 per cent of new properties are sold as leasehold, meaning the homeowner owns the property but not the land the property is built on.

There are an estimated 60 to 70 forfeiture orders of leasehold properties every year.

What is a leasehold property?

A leaseholder owns the property they have purchased but for a fixed length of time – often 999 years.

They also don't own the land the property stands on.

A freeholder owns the property and the land its stands on outright until it is sold.

Flats are commonly sold as leasehold and the land and shared areas such as stairways and corridors will be owned and managed by the freeholder.

However, leasehold agreements come with terms and conditions which can result in the owner losing the property if they are not followed.

Forfeiture of the lease is the ultimate sanction that a freeholder can pursue for a breach of the terms of a lease.

An increasing number of new build houses are also being sold as freehold with building companies often keeping the freehold for the estate and the properties on it.

Around 40 per cent of new homes are currently sold on a leasehold basis.

Mr McCadden told The Times: “The whole episode has made me feeling very anxious, stressed out and at times suicidal. I am living a nightmare.

"It does not feel real. I can’t believe what has happened.”

Dr Malik did not respond to a request for comment.

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