Do leases have to be identical?

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    Do leases have to be identical?

    We are in the process of buying a ground floor maisonette in a converted terraced house, there is only one other flat (upstairs).

    We are being granted a new lease but the upstairs lease was granted in 1984 and our solicitors says the latter is not been granted on similar terms to ours (newer).

    How can this be remedied?

    What if the seller (freeholder) doesn't agree?

    #2
    There is no requirement for tenancies of the same building to be in the same form.

    Ideally the leases should dovetail on matters like easements. There is though no reason why each lease should have the same covenants and conditions.

    On the grant of the first lease the landlord may have covenanted with the tenant that the lease of the maisonette would be on the same terms, but that does not give the proposed tenant the right to insist that his lease is on the same terms.

    Comment


      #3
      There is nothing to "remedy" - unless there is a conflict of some sort (service charges add to more than 100%, demises overlap).

      Comment

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      • Less than 50% of freehold
        by raskitt
        I have just started conveyancing for a share of freehold flat. The flat is the ground floor of a converted house.

        I have just found out that the other 2 share of freehold flats are owned by the same person (who originally owned the whole building).

        How much of a problem is...
        29-06-2022, 13:28 PM
      • Reply to Less than 50% of freehold
        by AndrewDod
        I think the issue here is not so much the lease (if it is bad, that is a problem) but what the options are when the lease/law are disobeyed (as is commonly the case). Certainly if one is charitable and generous (as you are) and assumes the lease/law will be obeyed rigorously, then the lease is key....
        01-07-2022, 17:52 PM
      • Reply to Less than 50% of freehold
        by Gordon999
        Obviously, my feedback can be wrong. OP 's solicitor should check the terms in the lease are all acceptable before he commits to exchange of contract for purchase of "leasehold flat".

        He should not try to buy a "freehold flat" which does not qualify for mortgage...
        01-07-2022, 17:12 PM
      • Reply to Less than 50% of freehold
        by AndrewDod
        Neither of the above are necessarily true



        Read this forum and the comments already made. Plenty of reason to worry....
        01-07-2022, 12:52 PM
      • Reply to Less than 50% of freehold
        by Gordon999
        If you own a 1/3 rd share in the freehold title , you do not pay ground rent and you can give your flat a statutory lease extension at nil premium.

        The service charge for maintenance of the building should contributed 1/3rd by your flat. If the other freeholder contributes 2/3rds for...
        01-07-2022, 12:33 PM
      • Reply to Less than 50% of freehold
        by flyingfreehold
        another problem with share of freehold is that neighbours can end up in dispute and at each others throats. And having to sue neighbours is most undesirable. Those campaigning for leasehold reform havent gone into print as to how to enforce against leaseholders who refuse to pay. We have one leaseholder...
        30-06-2022, 22:34 PM
      • Reply to Less than 50% of freehold
        by AndrewDod
        No. Your obligations and those of the FH are determined by the lease. When the FH does not obey the lease (or cheats) you have recourse via the courts. If you are part of the freeholder (but with no actual ability to uphold those obligations) you would be taking legal action against yourself. If as...
        30-06-2022, 15:11 PM
      • Reply to Less than 50% of freehold
        by raskitt
        AndrewDod,

        Thank you, my thoughts are going this way. Could you explain briefly why it would be worse? I assume because I'm on the hook for shared costs whereas if I had the same flat but without the freehold I would not
        30-06-2022, 14:40 PM
      • Reply to Less than 50% of freehold
        by raskitt
        Yes that is correct...
        30-06-2022, 14:38 PM
      • Reply to Less than 50% of freehold
        by AndrewDod
        If you own a minority share of the freehold, then true you have no say at all. The freeholder still has to obey the lease and the law though.

        I would not buy it. Owning a minority share in a "share of freehold" situation is far worse than not owning any share at all (and having...
        30-06-2022, 11:54 AM
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