If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.
On one lease, the freeholders of the garden and the flat are different
On one lease, the freeholders of the garden and the flat are different
I have a lease of a flat which includes a garden area.
unusually, against the one lease there are separate freeholders recorded for the flat and the garden.
will this affect my ability to extend the lease (of both)?
Are you in a house converted into 2 flats and the garden area freehold belongs to the original freeholder of the block but the freehold for the land under the building was sold to another company ??
Thanks for your interest. The building is two purpose built maisonette flats leased separately since they were constructed, each with their own marked/fenced garden area. At one time, one of the maisonette owners was sold, by the property company which owned the whole estate, the whole building including the garden for that maisonette. (There have been further sales since), For some reason, the garden of the maisonette which did not buy the freehold was not included in the freehold transfer.
Leaseholders of flats have a legal right to seek a statutory 90 years lease extension after 2 years from purchase of the flat and you can download a free guide from LEASE ( www.lease-advice.org. )
I don't know if a garden area belonging to another freeholder can be extended together with the flat but you can ask the legal advisor at LEASE.
If a lease was granted with one landlord leasing one part and another the rest, there is still only be one tenancy. The legislation provides that any new lease must be on the same terms as the exisiting lease and so the garden will have to be included.
The freeholder might be trying to forfeit my long term residential lease for a breach of covenant. I was wondering if I am right in thinking I do not have to worry about peaceable re-entry (ie the locks being changed when I am not there).
A nuisance would normally have to be something for which the authorities have taken action. Annoyance would be a lower threshold, but almost impossible to get forfeiture for, and a difficult covenant to enforce, other than by peer pressure.
Possibly the Causing a Nuisance to Other Residents. Well it is actually fairly complex because it is due to an untrue rumour someone has spread about me which is causing other residents to worry about their personal safety, I wouldnt be at all suprised if this didnt end up as case law
A long residential lease cannot be forfeited unless the First Tier Tribunal has confirmed that the covenant has been breached. Generally they will only allow forfeiture if you fail to take action that they require. That is likely to be to rectify or compensate for the breach. If you can't afford...
For the last 6 months myself and fellow residents have been trying to defend ourselves against freeholder company with S20 work. Incredibly frustrating as they seem to not have the answers to the most basic questions.
Current estimate of work is £15k for each household.
...
I am trying to sell my flat for which I have a shared freehold with the 2 other flats in the block.
Today I have been informed that one of the freeholders is refusing to complete and return the TR1 (and another form I believe is the PR1?). Without this we are unable to continue with the...
My understanding is if you own a share of the freehold you can’t just transfer your share to the new buyers, so effectively the whole freehold needs to be transferred which requires the TR1 form (happy to be corrected if this is not the case).
I do believe the LPE form only needs completing...
In seven days time we have a residents meeting to decide on the future of our apartment blocks; one with nine apartments, one with four apartments, thirteen total. They are about three meters apart physically. Our freeholder liquidated in 2012 and the lender took over as default who then set up an RMC...
Comment