Selling on 999yr leasehold premises

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    Selling on 999yr leasehold premises

    Hi all, we have been in dispute with our freeholder over overcharges and unreasonable demand on our 999yr leasehold property. We have sent them a legal letter stating we are advised to deduct the over payments from future charge demands. The FH said they were passing the matter to their solicitor over 18 months ago. We have not had a demand or any corespondents since.
    We have had a offer for our lease and would like to sell, even if it means giving up our right to deduct the remaining amounts still owed to us. Would the sale of the leasehold be a straight forward process for us ? Can the freeholder make thing difficult by withholding information etc. We would like to be rid of the difficult freeholder. The property is let out.
    thanks.

    #2
    What does the lease have to say about assignment?

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      #3
      Can only find the clause under Dealings & Notice of Dealings, I hope this helps me. Thanks

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        #4
        There is nothing under "dealings" which deals with assignment. If there is nothing elsewhere then you can assign without the landlord's consent.

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          #5
          Thanks Lawcruncher, Iv looked through the lease a few times, can’t find anything that relates to assignments.
          so hopefully I can sell without any problems from the Freeholder. I will obviously go through this with my solicitor.
          I appreciate your kind input.

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            #6
            Unfortunately your conveyancer will make LPE1 enquiries of your freeholder and the dispute will come to light so you will need to settle this.

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              #7
              Also freeholder could prevent sale by saying you owe monies

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                #8
                Originally posted by Stacker View Post
                Also freeholder could prevent sale by saying you owe monies
                It seems to be the landlord who owes money to the tenant.

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                  #9
                  Originally posted by Section20z View Post

                  Unfortunately your conveyancer will make LPE1 enquiries of your freeholder and the dispute will come to light so you will need to settle this.
                  LPE1 not really applicable to commercial property.

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                    #10
                    Sell then sue afterwards once you have sold

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                      #11
                      Thanks for the responses, we now have two interested parties looking to buy our long leasehold. Our concern is the freeholder are not responding any requested information, ie building insurance and any other related documents. Our lease state we have the right to see building insurance docs and the premium has been paid. I have just spoken to the broker, who has told me the long standing insurer has declined to quote & a new insurer is in place. They cant sent me details as the FH has instructed them not to. anyone know what i can do to get a copy of the certificate of insurance.

                      Thanks

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                        #12
                        Does the lease say the landlord must supply a copy?

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                          #13
                          Yes, and also show premium has been paid. We have quoted the clause to them and have previously asked to be named on the policy as the lease also states I have the right to be named as an interested party.
                          All ignored.

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                            #14
                            Try a letter before action.

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