Understanding a lease

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    Understanding a lease

    Can anyone tell me what this means and how much ground rent is to be paid and when ?

    TIA

    To hold the demised premises unto the Lease from the nineteenth day of December One thousand nine hundred and fifty-four for the term of nine hundred and ninety-nine years yielding and paying therefore yearly during the term hereby granted the rent of eight pounds and eight shillings to be paid without any deduction (except for landlords property tax) by equal quarterly payments on the four usual quarter days in every year the first of such payments or a proportion there of from the date hereof to the twenty-ninth day of September One thousand nine hundred and fifty-four

    #2
    Yep, a shilling is 5p so you need to pay £2.10 on 24/12, 24/3,24/6,and 24/9 every year, but your freeholder may well collect £8.40 annually or not bother at all....

    Comment


      #3
      That was a quick response, ta !

      Why are leases so hard to understand ?

      I want to eventually build a room in the loft but again I don't understand the lease.

      Can the freeholder refuse to consent to a loft room without any explanation because the lease says nothing about unreasonably with holding consent or is there a law that over rides this. Im also not sure if the roof would be part of my demise. I have spoken to the neighbours downstairs and there is nothing in their lease saying the roof space is demised to them. Who would it belong too ? Am I assuming correctly it would be mine if I'm on the top

      Not at anytime during the said term without the licence in writing of the lessor first obtained to erect or place any additional building or erection on any part of the demised premises and not without such licence as aforesaid to make any alteration in the plan or elevation of the demised premises or in any of the party walls or the principle or bearing walls or Timbers there of

      From time to time and at all times during the said term well and substantially to repair uphold support cleanse and maintain the demised premises and in particular the roof and rafters and walls or other the support for the lower maisonette and any adjoining buildings

      Comment


        #4
        Under the leasehold property system ( existing in E & W ) , the legal owner of the property belongs to the freeholder and the leaseholders are just tenants under a long term rental agreement.

        How many flats in your building and are the flats paying very low ground rents ?

        If you are willing to organise a collective purchase of the freehold , paying to buy the freehold title is much better than paying for freeholder consent.

        Comment


          #5
          I don't own the place yet, a friend of mine lives there but wants to sell and move into her partner's house. There are 2 flats and the free holder is a relative off the neighbors down stairs. She isn't paying any ground rent she's never been asked for any maybe that's because someone above said it's only £8

          How would i buy the freehold ?

          If the free holder won't sell I want to know if they can refuse to give me consent to build a room in the loft because the lease doesn't say anything about be unreasonably withheld and I'm still not clear who owns the loft space.

          Any advice, ta

          Comment


            #6
            Regarding the roof space, you would firstly need to look at the lease for the property and look at precisely what that details as the demised property.
            It is possible that the roof space is not included in any of the demised flats (the upper flat may demise, for instance, "the upper levels of the building up to, and including, half of the ceiling"

            If the roof space is not demised to any of the leases it usually means that it has ben retained by the freeholder, and they may then be entitled to refuse consent to build an extension, or to demand a (potentially quiet large) premium for allowing you to do so.
            Additionally, it is common for the roof of a building to remain the responsibility of the freeholder, so any alteration that would require cutting through the roof, for instance to put a window in, may require freeholder consent and a premium to be paid.

            There is also the possibility that, if the roof space is not demised to the upper flat but the only access is via the flat, you may effectively have rights to the area even if it is not clearly demised to you in the lease.
            I think this relies on the lease also not clearly excluding the roof space (Lawcruncher seems to be the best member of this forum to advise you regarding this - but will want you to post the exact wording of any clauses that describe the demised property and/or the roof space).

            Comment


              #7
              Originally posted by Macromia View Post
              There is also the possibility that, if the roof space is not demised to the upper flat but the only access is via the flat, you may effectively have rights to the area even if it is not clearly demised to you in the lease.
              I think this relies on the lease also not clearly excluding the roof space (Lawcruncher seems to be the best member of this forum to advise you regarding this - but will want you to post the exact wording of any clauses that describe the demised property and/or the roof space).
              See here: https://forums.landlordzone.co.uk/fo...d-in-the-lease

              Comment


                #8
                To buy a freehold you could either make an offer to a freeholder or follow collective buy out.

                What is the property price and leases upstairs and downstairs.

                Comment


                  #9
                  Loads of help, very thankful to all replies

                  Comment


                    #10
                    Does the following make it clearer to anyone if the loft space belongs to the upper flat. does the upstairs own the outside walls cuz i thought the outside of the building belongs to the free holder

                    Also where would i find a solicitor who could explain step by step and in simple terms exactly what the lease means


                    For the avoidance of doubt this lease shall always be constructed so that

                    a) the flooring dividing the upper flat from the lower flat shall be a party structure
                    b) the walls dividing the demised premises vertically from the adjoining premises shall be party walls.
                    c) all other walls and structures above the flooring mentioned above including the external walls are included in the demised to the lessee who shall be responsible for the maintenance there of

                    Comment


                      #11
                      Any clause in the lease which states "no structural alterations are permitted "?

                      Are you located in Newcastle/ Tyneside area which has "unusual freehold /leasehold property system" where the freeholder of downstair 's flat is the leaseholder of upstair's flat and vice versa ?

                      The solicitor you need to explain the lease ( post #10) , must be one specialising in "Landlord & Tenant" matters ,and probably operating in the town where the property is located.

                      Comment


                        #12
                        Hi, no the flat is in Hampshire
                        this is the only bit I can find that says anything about alterations


                        Not at anytime during the said term without the licence in writing of the lessor first obtained to erect or place any additional building or erection on any part of the demised premises and not without such licence as aforesaid to make any alteration in the plan or elevation of the demised premises or in any of the party walls or the principle or bearing walls or Timbers there of

                        Comment


                          #13
                          Pattyb,

                          Any competent residential conveyancer should be able to take you through the lease.

                          The parts of the lease quoted do not throw any light on whether the loft is included. For further information on whether a loft is included even if the lease does not say it is, follow the link in post 7.

                          Comment


                            #14
                            Thanks to all the replies, everyone is so helpful and knowledgeable

                            Comment


                              #15
                              Originally posted by Pattyb View Post
                              Hi, no the flat is in Hampshire
                              this is the only bit I can find that says anything about alterations


                              Not at anytime during the said term without the licence in writing of the lessor first obtained to erect or place any additional building or erection on any part of the demised premises and not without such licence as aforesaid to make any alteration in the plan or elevation of the demised premises or in any of the party walls or the principle or bearing walls or Timbers there of
                              This clause means the leaseholder needs a licence from the freeholder to ( 1) erect or place additional building on the demised premises and ( 2) not to make any alterations to the plan or elevation or party walls or the principal load bearing walls and timbers

                              Comment

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