Letting lease expire on share of freehold property

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

    Letting lease expire on share of freehold property

    Apologies if silly question - I`m sure there is a very simple answer...

    I`m curious as to what would happen in the above scenario where a person had a share of freehold in a block but let their lease expire. Would the flat then revert in ownership to the other shareholders, including the one who had let the lease expire?

    #2
    That would be my understanding.

    Hopefully this is a purely hypothetical question though, because no one should be stupid enough to let their lease get so low that it is anywhere near expiring.
    Or do you have a leaseholder who thinks that buying a share of freehold means that they own their property outright and the lease is unnecessary?

    Comment


      #3
      Thanks Macromia - pure curiosity rather than an actual situation thank goodness.
      I know that lots of people think share of freehold automatically does away with short leases but of course that's not always the situation.

      Comment


        #4
        That depends on the company articles or on the trust deed, if tenants on common.

        You might continue to own the share of the freehold, even though you had no leasehold interest in the flat, and couldn't legally, have possession of it.

        My articles say that membership of the company ceases if I cease to be a leaseholder, but that is a limited by guarantee company, and, with shares, you would need a clause requiring a forced sale of the share.

        Comment


          #5
          Thanks Leaseholder - that makes sense.

          Comment

          Latest Activity

          Collapse

          • Reply to Removing Stud Wall in Leasehold Flat
            by Stacker
            So do all the fact finding first so that you are well informed and know what you are up against, also try to get the Conservation officer on board on your side with your idea if you want to go ahead as he or she will be the person to say yes or no. The freeholder can not unreasonably refuse you the...
            08-04-2020, 18:17 PM
          • Removing Stud Wall in Leasehold Flat
            by Sharon
            Hello, I would like to remove a non-load-bearing stud wall in my flat. It will change the layout inasmuch as I will be stealing some of the space from my entrance hall and creating a larger living room as a result. So no real increase in value of the property as a result, just a matter of taste....
            08-04-2020, 15:46 PM
          • Reply to Removing Stud Wall in Leasehold Flat
            by Sharon
            Thank you very much for responding!

            Well, I had 'assumed' that it couldn't possibly be a load-bearing wall, as it is a hollow stud wall, with a panel of glass windows at the top (which was clearly created to bring as much light as possible into the entrance hall), and I know this wall didn't...
            08-04-2020, 18:00 PM
          • Reply to Notice fee
            by Lawcruncher
            I had assumed it was formal. Anyway, my point is that you are disgruntled because someone refuses to pay you money they do not owe you. I would hazard a guess that you do not go round paying money to people who think they are entitled to it but are not....
            08-04-2020, 17:55 PM
          • Notice fee
            by Paulsen
            I am remortgaging my flat and the solicitor has sent a letter to the freeholder asking for a notice fee. I have done it directly to the freeholder and not the MA as we both are in dispute with the old MA and are doing a joint complaint. She probably wouldn’t know how much to ask for and I asked my...
            04-04-2020, 15:14 PM
          • Reply to Notice fee
            by Lawcruncher
            As you say, requiring a notice of a change of tenant is pretty standard and has been for years. Obviously a landlord needs to know if the tenant has changed. However, the requirement to serve notice on the landlord's solicitor and pay a fee (until fairly recently the standard requirement) rather than...
            08-04-2020, 17:47 PM
          • Reply to Removing Stud Wall in Leasehold Flat
            by Stacker
            Hi, Firstly how do you know its not a load bearing wall? Has a surveyor or structural engineer confirmed this in writing to you ? A listed property change may need consent from the council Conservation officer? You could put a tentative call in to the officer and email him some ideas then if he gives...
            08-04-2020, 17:43 PM
          • Lessor who is also the leaseholders is not complying with LEASE
            by Stacker
            Hello, hope you are all doing ok with this self isolating So this is a tricky one both the Lessor who are also the leaseholders are in breach of their own leases, how to enforce? As normally it would be the freeholder enforcing however the leaseholder needs to enforce against the company and other ...
            07-04-2020, 09:28 AM
          • Reply to Lessor who is also the leaseholders is not complying with LEASE
            by Stacker
            I also found these links which seem helpful - Tribunal Procedure Property Rules http://www.legislation.gov.uk/uksi/2.../contents/made
            08-04-2020, 17:35 PM
          • Reply to Lessor who is also the leaseholders is not complying with LEASE
            by Stacker
            Thank you lawcruncher and RAM for your help, I just called LEASE and the solicitor on the phone there said it would cost a lot of money to go to court as basically I am suing the company and its directors and she said the FTT would not possibly deal with it or be in their remit to address, she suggested...
            08-04-2020, 17:28 PM
          Working...
          X