Enfranchisement of Head Lease?

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    Enfranchisement of Head Lease?

    I am considering purchasing a 1st floor flat which is a Victorian conversion into two flat.

    The landlord on Land Registry is a Ltd Co but there is a Head Lease in 2005 for 150 years with another Ltd Co. The long lease I am buying was created in 2015 for 150 years and includes the loft within the demise.

    The ground floor flat and I would like to purchase the freehold by serving a S13 Notice.

    Can we purchase the freehold and intermediate lease at same time or do we need to purchase Head Lease first and only when then acquire the freehold?

    Thanks

    #2
    I suggest you ask the legal advisor at Lease ( www.lease-advice.org ) if you purchase both head lease and freehold title at the same time.

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      #3
      You serve your notice of claim for the freehold on the 'competent' landlord ie to whom you pay ground rent. That competent landlord is supposed to bring it to the attention of the freeholder. But you wouldn't try brain surgery yourself and don't try to draft the claim yourself. There are more twists and turns than a corkscrew in enfranchisement. So get it done by a lawyer who knows what he is doing to get the claim correct, you may well be advised to serve notice jointly on the freeholder. The head lessee and the freeholder work out how to split the spoils and if they cant reach agreement there is a tribunal procedure.

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