On one lease, the freeholders of the garden and the flat are different

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    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)?

    #2
    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 ??

    Comment


      #3
      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.

      Comment


        #4
        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.

        Comment


          #5
          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.

          Comment

          Latest Activity

          Collapse

          • RTM Director Conflict of Interest
            Hemendr
            Hi,
            I am a leaseholder of building with 87 flats. We created our own management company RTM company to manage our building. The process of creating the RTM was led by two leaseholders who then convinced 45 other leaseholders to become a member of that RTM company. They appointed themselves as...
            21-10-2018, 08:35 AM
          • Reply to RTM Director Conflict of Interest
            eagle2
            A managing agent is appointed to deal with the day to day matters and comply with the lease and legislation. The directors should be supervising the managing agent and in order to do so I suggest that they refer to the RICS management code of practice if they do not do so already.
            21-10-2018, 14:31 PM
          • Reply to RTM Director Conflict of Interest
            leaseholder64
            I don't see any service levels in that contract!

            I would be concerned that this was actually a contract of service, which would trigger all sorts of employee rights as well as PAYE.

            "Including taxes" seems weird, unless Mr x is registered for VAT and it is a contract...
            21-10-2018, 14:25 PM
          • Reply to RTM Director Conflict of Interest
            eagle2
            I would hope that the “concierge duty” is defined and a list of specific duties is contained within the contract.

            I do not think that you are entitled to make the assumptions simply because the managing agent has failed to respond to your questions.

            You do not say whether or...
            21-10-2018, 13:57 PM
          • Reply to RTM Director Conflict of Interest
            Hemendr
            Hi, all thank you very much for taking the time to reply,

            The Concierge contract says "Contractor Service Level Agreement Concierge Service" in heading. It's a Legally binding agreement between Mr x (Concierge) and <my RTM company name> to carry out Concierge duty.
            ...
            21-10-2018, 13:11 PM
          • Reply to RTM Director Conflict of Interest
            eagle2
            There is nothing wrong or unusual about a conflict of interest and it does not need to be referred to a meeting of members for approval. The Articles of Association will state whether or not a director is entitled to vote in a matter in which he has an interest. Ideally, he would abstain when a decision...
            21-10-2018, 12:30 PM
          • Returning Ground Rent
            vmart
            We (freeholders) made an application to court to determine a lease is in breach - currently waiting for a hearing date. In the meantime, the defendant sent us a cheque for ground rent which was not demanded. We intend to return the cheque but we are not sure what we should say in the covering letter....
            19-10-2018, 14:23 PM
          • Reply to Returning Ground Rent
            andydd
            Yes it would be useful to know what the alleged breach is.. it maybe something we see a lot of here where LH is late paying GR but FH adds on further n further admin charges (often where lease doesn't allow it anyway). The LH has a right to send cheques for GR or admin charges or service charges as...
            21-10-2018, 12:08 PM
          • Rubbish not collected; rodents; management company doesn't care, ditto Bristol CC.
            randal_bond
            Hi, forum. URGENT! How can we enforce our rights to rubbish-free house? Maybe, somebody versed in law can help.

            Basement lock-up area is designated for leaving rubbish in wheelie-bins provided.They are full and bin bags are left on the floor everywhere, and the number is increasing (about...
            18-10-2018, 07:46 AM
          • Reply to Rubbish not collected; rodents; management company doesn't care, ditto Bristol CC.
            leaseholder64
            Definitely a fire safety issue.

            Unfortunately, you may find that sub-landlords put up with increased service charges for the benefit of not having to police their tenants.
            21-10-2018, 11:54 AM
          Working...
          X