Hello,
The lease of our terraced house demises the roof void but it is silent as to who owns the roof. I understand that in this case the ownership of the roof remains with the landlord. Is this right?
Could this stop us from acquiring the freehold?
We recently read a newspaper article that said that not including the roof is a common trick to block the freehold purchase. Could it be that this referred to if the roof void / loft was also not demised?
I have read the 1967 act and it says that a house is not eligible to enfranchise if a 'material' part of the house is above or below a part that is not demised to the property.
The roof is undoubtedly a 'material' part to any building but it is above a part which is demised to the lease. So, there shouldn't really be a problem to buy the freehold?
Also, the lease does not prescribe an obligation to pay ground rent. There is no mention of 'ground rent', not even a 'peppercorn'. Does anybody know what is the implication to our rights?
I would appreciate your help. It is really important to buy the freehold as the Property management company ( that owns the freehold & we are shareholders) is run by rogue directors. It is the only way to distance ourselves.
Thank you!
The lease of our terraced house demises the roof void but it is silent as to who owns the roof. I understand that in this case the ownership of the roof remains with the landlord. Is this right?
Could this stop us from acquiring the freehold?
We recently read a newspaper article that said that not including the roof is a common trick to block the freehold purchase. Could it be that this referred to if the roof void / loft was also not demised?
I have read the 1967 act and it says that a house is not eligible to enfranchise if a 'material' part of the house is above or below a part that is not demised to the property.
The roof is undoubtedly a 'material' part to any building but it is above a part which is demised to the lease. So, there shouldn't really be a problem to buy the freehold?
Also, the lease does not prescribe an obligation to pay ground rent. There is no mention of 'ground rent', not even a 'peppercorn'. Does anybody know what is the implication to our rights?
I would appreciate your help. It is really important to buy the freehold as the Property management company ( that owns the freehold & we are shareholders) is run by rogue directors. It is the only way to distance ourselves.
Thank you!
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