Right to first refusal?

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    Right to first refusal?

    Hello

    Im not sure if I am in the right part of the forum.

    Im a leaseholder of a ground floor flat and the owner of the first floor flat has passed away. It’s going on the market for sale soon and I’ve told them I’m interested in purchasing it.

    the flat will be sold with the freehold.

    There are only the two flats in the building. What I want to know is, do I have the right to first refusal of the property?

    #2
    The leasehold title for the flat and the freehold title for the whole property are two separate legal titles, so there is no right for the other leaseholder to be given first refusal.

    Although if I were selling the first floor flat the idea that the sale can be concluded without incurring estate agent's commission would make it very sensible to sell to the other leaseholder, as long as that leaseholder was prepared to pay the true market value.

    If this will include the freehold title, as well as the leasehold title, the price offered by the other leaseholder ought to be much more than that offered by any other prospective buyer because of the additional value owning the freehold has for the ground floor flat owner.

    There is the chance that the freehold will be retained if there is ground rent payable on both of the leasehold titles, but if it is definitely included in the single sale then it is definitely worth pursuing the Executors of the deceased person's estate to show how much you want to buy the property without it needing to be advertised for sale.

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      #3
      Tricky question because if there is no lease on the other flat then you should probably be offered the freehold.
      more info needed....

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        #4
        The guide to RFR can be seen at https://www.lease-advice.org/fact-sh...first-refusal/

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          #5
          Imho, as the owner was leaving in the property, and the lease reverted to the freehold there is probably no right of 1st refusal but it is all depends on the price

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