Sub-dividing maisonette into two flats

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    Sub-dividing maisonette into two flats

    My son has bought his council maisonette which is half a georgian house. He had to keep it for 3 years before he could sell without penalty and this is up in December. He owns the basement and ground floor and garden. The basement has steps down to a yard/well and a separate entrance, and the ground floor has access through the original front door. The council has a tenant in the upper two floors. My son would like to divide this up, giving himself one flat and renting or selling the other one to pay off his mortgage. He has approached the council and they have, verbally, said this would not be possible. Splitting it would involve putting another bathroom and complying with noise and fire proofing regulations. Has anyone had any such experience? Would there be HMO implications in creating another unit? Would there be problems with the fact he owns it leashold? Would his situation be better if he bought the freehold? I hope someone has some information however small.

    #2
    1. Council own freehold. Son has no statutory right to acquire it.
    2. If Council do agree to sell it non-statutorily, it must be for whole building and not just his flat.
    3. Son is lessee, so any splitting must be by way of underlease.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Also, what about the other flat? Do Council still own it?
      If its tenant also bought it on RTB lease, son + other flat's lessee could jointly acquire Council's freehold reversion.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment

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