House has two leases, can I buy the freehold or head lease?!

  • Filter
  • Time
  • Show
Clear All
new posts

    House has two leases, can I buy the freehold or head lease?!

    I am in an area of the country where the council retains the freehold on developments - ostensibly to avoid fragmentation of estates. My developer owned the head lease when I bought the property, and has since sold it to a leasehold management company. The head lease is a peppercorn rent to the council and will now have 996 years remaining. The sublease is £125pa, increasing every 10 years at RPI, and has 222 years remaining.

    I am planning to contact lease advice, and some local solicitors too, but I wanted to get a rough idea of what I am dealing with and find out if anyone has any experience of anything similar.

    Does the Leasehold Reform Act allow me to purchase the freehold from the council? It isn't and was never a council house.

    Does the Leasehold Reform Act allow me to purchase the head lease? Do I have access to the support etc of the tribunal, any legal protections? Or would purchasing the lease from the management company be a business transaction?

    Would I be better off waiting for leasehold reforms to come through and then seeing what's what?

    For reference my house/development has no shared areas, there is no maintenance or communal gardens or anything. One stretch of the houses has a shated bin alley behind them but I do not have any access to this. When I was purchasing the property I asked the solicitor about purchasing the head lease but he put me off it - I think because he didn't want to deal with it moreso than anything, implied it would be complicated and would delay the process.

    I'd like to buy the freehold/lease because I would like to make some changes to the house (put in a new window, change the front garden, change a walk in wardrobe to a room etc) and don't want to have to pay the management company for the privilege.

    I was asking specifically if anyone had any experience or knowledge in situations where there is a both a head lease and a sublease on a property - that is, there is a freeholder landlord, a sublandlord, and me the tenant and property owner.

    The lease advice website mentions that enfranchisement can include buying the freehold and headlease but there is nothing what happens to the sublease - it doesn't seem right that I could buy the freehold and then simply terminate the sublease. Nor does anywhere suggest I have to purchase leases from both the freeholder and from the sublease landlord. But if I only purchase the freehold/head lease then I am in a situation where I have to continue to pay the management company £125 a year because of the sublease, whilst I also receive a peppercorn rent from the management company as I now own the freehold.

    If anything I would much rather purchase the sublease, so that my remaining relationship is with the council landlord and the only remaining lease is a 999 year peppercorn rent one. But it is very unclear if the 1967 leasehold reform act is any help at all in purchasing a sublease - I am not clear if that falls under enfranchisement.

    If anyone has any relevant knowledge or experience with enfranchisement when it comes to subleases and headleases of houses I would like to hear from you!


      Send a written complaint to CMA before 12 Jul 2019 ( this friday 5.00pm ) .

      CMA are calling for information and your situation would be of interest to them.

      Ask CMA to declare ground rent in the sub-lease is an unfair contract term because it is not paid to the freeholder. and increasing every 10 years will make your property unsellable.

      One of the national builders Taylor Wimpey has set aside £130 Mil to correct toxic leases.


        Thank you!


          Schedule 1 of the Act deals with enfranchisement by sub.tenants


            Thank you so much!


              We enfranchised our freehold at which point the head lease and our own lease were merged into our new freehold title.


                Does your property title say your property is a leasehold house ?

                Send your enquiry to the legal advisor at LEASE ( )


                Latest Activity


                • Address wrong on Land Registry Title. A little rant. and request for empathy.
                  We are buying a property built in 1847, with some interesting history, and are somewhat frustrated by the both our own solicitor and the vendor and their solicitor.

                  Since having our offer accepted, on a house with no chain, either end, it has been 16 weeks, but the last 4 weeks have been...
                  06-08-2019, 18:50 PM
                • Reply to Address wrong on Land Registry Title. A little rant. and request for empathy.
                  So eventually I phoned the Estate agent and explain that I'm now being told by our solicitor that the vendors solicitor had put in this application, but I'd like proof, if that were possible.
                  30 mins later she sent an email, which had an email.from.their solicitor saying it had been done on the...
                  20-08-2019, 09:50 AM
                • Solicitors Negligence Question
                  Freddie thumb
                  I'm read these forums for a little while and just signed up to ask a quick question. I'm not sure if this is 8n 5he right place.

                  So I bought a property in 2008 and discovered that the Title to my property was defective in 2015. Basically there was a piece of land on the title of my property...
                  12-08-2019, 08:40 AM
                • Reply to Solicitors Negligence Question
                  Are you saying that the Land Registry plan does not match the apparent boundaries of the land you occupy? If so, is the problem that you occupy land not shown as yours on the plan or that a neighbour occupies land shown as yours on the plan?
                  16-08-2019, 09:46 AM
                • Missing Freeholder and Head Lease questions
                  I'm hoping one of you lovely wise people will be able to offer advice.

                  I own a leasehold flat and the RTM Company (of which I am a director) would like to purchase the freehold. The flat is one of 5 in a converted building. I've tried everything I can to track down the freeholder...
                  08-08-2019, 14:22 PM
                • Reply to Missing Freeholder and Head Lease questions
                  The Land Registry records for the freeholder title for your address , will show name of current title holder. You can visit the Land Registry Online website and buy and download a copy of the freehold title for £3 by credit card..

                  If the title holder is a company, you can visit Companies...
                  12-08-2019, 07:31 AM
                • Reply to Missing Freeholder and Head Lease questions
                  Thanks Gordon999.
                  There have been no demands for ground rent since 1987, despite efforts to track down freeholder/lessee. The land registry has no records of the freeholder either. All we have is the one conveyance that shows the freehold was sold to a company in 1985, but the company has no records...
                  11-08-2019, 16:54 PM
                • Reply to Address wrong on Land Registry Title. A little rant. and request for empathy.
                  yeah... seems to me that this is best left until after you purchase. You are relying on someone else changing details on a deed that, had you not demanded changes, you would now hold title to and be able to make yourself.
                  11-08-2019, 05:11 AM
                • Duplicate contracts
                  Newbie here, hoping someone can help. we are buying a new house and have signed the contract but our solicitor has sent another copy asking us to sign, When we queried it we were told it was requested by the the builders' solicitor. Does anyone know if this is normal? Thanks, Peter
                  09-08-2019, 09:11 AM
                • Reply to Duplicate contracts
                  Thanks Andrew, My solicitor is saying it is simply a duplicate and we were asked not to date the first one so that it could be dated at exchange. I'm wondering if they have made a mistake and are not admitting it.
                  09-08-2019, 15:33 PM