A house has been converted into 3 Flats and there are 3 leaseholders A, B and C. A, B and C also own the freehold directly on the title register.
The freeholders have been conducting maintenance outside of service charge provisions, instead using freeholder monies. They are all happy with this arrangement however, as there is little trust between them they have decided to draw up a Schedule of Work contract for upcoming works and sign it. Completion of all works in this Schedule of Works will bring a rather dilapidated building up to a reasonable standard. The works will take approximately a year.
However, leaseholder B is selling and wishes to transfer the freehold at the same time to include D.
Q1. Is it possible for A, C and D to sign an enforceable Schedule of Work contract prior to freehold transfer whilst D is not yet a freeholder.
Q2. If the answer to Q1 is yes, would such a contract need to be signed as a deed.