Does your property title say your property is a leasehold house ?
Send your enquiry to the legal advisor at LEASE ( www.lease-advice.org )
House has two leases, can I buy the freehold or head lease?!
Collapse
X
-
We enfranchised our freehold at which point the head lease and our own lease were merged into our new freehold title.
Leave a comment:
-
Schedule 1 of the Act deals with enfranchisement by sub.tenants https://www.legislation.gov.uk/ukpga/1967/88/schedule/1
- 1 like
Leave a comment:
-
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.
https://forums.landlordzone.co.uk/fo...ority-campaign
- 1 like
Leave a comment:
-
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!
Leave a comment:
-
You can get free advice on proceedure for buying the freehold title for a leasehold house by download from LEASE's website.
https://www.lease-advice.org/faq/i-o...-the-freehold/
You probably have to wait 2 years before you as a leaseholder can make a compulsory purchase of the freehold title..
Since there is still over 200 years unexpired term remaining on the lease, the valuation to pay for the freehold title is related to the annual ground rent income.
Leave a comment:
-
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.
Latest Activity
Collapse
-
by Madmax86
- Declaration of Trust
- Deed of Trust
- Deed of Assignment
The three are sometimes used interchangeably.
Can someone please explain the differences?
This article states a declaration of trust is the same as a deed of trust - "A Declaration of Trust (also referred...-
Channel: Conveyancing Questions
22-01-2021, 08:41 AM -
by Madmax86Thank you that is very helpful.
Out of interest, what is your background? Were you a lawyer in a previous life maybe?-
Channel: Conveyancing Questions
22-01-2021, 13:19 PM -
-
Hi There,
I've posted on here before a while ago, but the information I had at the time was very sketchy. It still is to some degree, but through obtaining the history/deeds/old OS maps to our property and the house adjoining, we've come to learn they used to be tenanted and in common/single...-
Channel: Conveyancing Questions
21-01-2021, 15:57 PM -
-
by Gordon999You should make appointment to visit the Land Registry Office which holds the old records for your town/city and discuss the problem with Land Registry staff.
-
Channel: Conveyancing Questions
22-01-2021, 12:25 PM -
-
by LawcruncherWhen referring to land, a declaration of trust and a trust deed usually mean the same thing. The technical difference is that a declaration of trust can be made orally or in writing whether by deed or otherwise. A deed of trust is a declaration of trust made by deed.
There are lots of words...-
Channel: Conveyancing Questions
22-01-2021, 09:27 AM -
-
by colinb8can anyone tell me why the SoS for DWP would need to provide written consent for disposition of a property? (per below)
(22.08.2018) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge, not being...-
Channel: Conveyancing Questions
21-01-2021, 17:05 PM -
-
by nukecadMost likely the DWP are reclaiming overpaid benefits from the (deceased?) owner of the property, so they have a charge against the estate since 6 April 2018. (Which was the start of a benefit year).
More information about the situation would be required to say anymore than that.-
Channel: Conveyancing Questions
21-01-2021, 19:33 PM -
-
by Madmax86I own a property in sole name and mortgaged.
I'm looking to transfer the beneficial interest to my wife via a Declaration of Trust as she doesn't work to utilise her tax allowances.
I've asked several solicitors if they need to request permission from the lender and they've...-
Channel: Conveyancing Questions
18-01-2021, 22:02 PM -
-
by Madmax86Yes exactly. Just trying to piece together all the potential downsides so I can weigh up if it's worth doing or not.
If I go ahead, will need to make sure I'm on my best behaviour during my marriage...
-
Channel: Conveyancing Questions
21-01-2021, 08:03 AM -
Leave a comment: