Freeholder offer leaseholder rights to buy the freehold only AFTER he sold the flat

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

    Freeholder offer leaseholder rights to buy the freehold only AFTER he sold the flat

    My freeholder owns the freehold of the block. He recently offered me (leaseholder) to purchase the freehold of the block (3 flats) only after he sold his flat last year. When he sold his flat, he marketed it as "share of freehold", so it looks like he sold it as a leasehold instead but I am not sure. I read from the gov page that the freeholder should serve to the leaseholder the right to buy the freehold BEFORE putting it on to the open market. Does this constitute a criminal offence.

    #2
    He can offer it for sale and indeed market it without issuing a section 5 notice beforehand HOWEVER once having found a buyer, then before that sale can proceed to that buyer he must offer it to the leaseholders

    Comment


      #3
      Originally posted by sgclacy View Post
      He can offer it for sale and indeed market it without issuing a section 5 notice beforehand HOWEVER once having found a buyer, then before that sale can proceed to that buyer he must offer it to the leaseholders
      Thank you for your opinions. Despite the flat appears SOLD STC on the website, the new buyers already moved in. And it seems no way to confirm whether it is been sold on paper or not... It did feel like the freeholder tried to sold it as freehold flat, but as the deal was about to close, the freeholder realised he needs to offer to leaseholders first ... is there anything I can do to find out if he has followed the law requirement at all?

      Comment


        #4
        check the land registry to see if there is a pending application against the freehold title

        Comment


          #5
          Originally posted by peter.d. View Post
          ... is there anything I can do to find out if he has followed the law requirement at all?
          I think that the question that you should be asking yourself in this situation (with the same applying any other time that anyone is considering whether the law has been followed precisely, and whether they can take any action) is:
          Has anything that has happened caused me any loss or detriment?

          In this case, you, and the other leaseholders, have now been offered the opportunity to buy the freehold at what would seem to be a demonstrable market value.
          Either you agree to buy the freehold or you don't. As long as you are given the same time to reach a decision as the legislation allows, what have you actually lost?

          Comment

          Latest Activity

          Collapse

          • Flat entrance door - fire door compliance
            by MrSoffit
            Hi. Inspecting flat entrance doors has been a requirement since the 2005 Fire safety Order. The role of managing agents to inspect front doors is covered in appendices to the 2011 guidelines.

            Should a managing agent have in-house expertise to carry out door inspections (required by an...
            18-06-2021, 21:11 PM
          • Reply to Flat entrance door - fire door compliance
            by jrsteeve
            Best practice is for the agent to appoint an external contractor to conduct an FRA and formal risk assessments. Checking for obvious damage to apartment doors would be completed during a standard site inspection by the agent. Any significant damage should then be followed up by a contractor assessment...
            18-06-2021, 21:36 PM
          • Reply to Handing back Right to Manage to Freeholder
            by jrsteeve
            Perhaps appoint a managing agent to take the stress away and deal with the difficult leaseholder?...
            18-06-2021, 21:29 PM
          • Handing back Right to Manage to Freeholder
            by carolebrntt
            An RTM was set up in 2005 of which I have been a Director ever since, and dealt with all the buildings requirements.
            Including Insurance, maintenance and getting documents sent to Companies House. I’m now 73 and wish to sell my flat and move on, as the responsibility is now affecting my health....
            17-06-2021, 09:53 AM
          • Reply to External wall surveys - S20
            by Samish
            We are going to make an application to dispense under S20ZA out of caution, however I don't personally feel that it should be classed as 'works'. It is an inspection by a qualified individual. If an asbestos survey exceeded the S20 threshold, or a fire risk assessment, you might challenge the cost on...
            18-06-2021, 15:17 PM
          • External wall surveys - S20
            by Samish
            Hi there, sorry if this has been covered before but I was hoping to get peoples view on costs for external wall surveys and whether they are qualifying works under S20? Colleagues of mine think that we need to go through S20 consultation, however I'm of the opinion that, while expensive and invasive,...
            17-06-2021, 15:41 PM
          • Reply to How easy/difficult is it to set up a freehold management service?
            by eagle2
            We need some more information please. Are the leases directly between the freeholder and the leaseholders or is there an RMC involved?
            A block of 5 flats can probably be managed by the leaseholders themselves, especially if you are all contributing and you all get along well. The problem is when...
            18-06-2021, 15:17 PM
          • How easy/difficult is it to set up a freehold management service?
            by riva
            I live in a share of freehold (block of 5 flats) and we are currently paying around 6k per flat for management/bills per annum. No concierge but there's a lift. It's an external management company that we outsource to. Thing is, I feel that they were coming up with rather expensive quotes and so I've...
            17-06-2021, 09:09 AM
          • Reply to ICO Data protection fee
            by eagle2
            There is a registration self assessment on the ICO web site. I suggest that you complete it and keep a copy if it states that you do not need to pay a registration fee....
            18-06-2021, 14:40 PM
          • ICO Data protection fee
            by parklands
            I have received a letter from ICO informing me that we need to pay a fee. Our managing agent says we must decide if we want to pay and offers no advice. Do other RMCs pay this?
            17-06-2021, 22:00 PM
          Working...
          X