splitiing house into flats without leaseholders permission

  • Filter
  • Time
  • Show
Clear All
new posts

    splitiing house into flats without leaseholders permission

    i split a house into 2 flats with planning permission, building control etc.. i did not know at the time i had to get the leaseholders permission until i tried to mortgage the flats.
    the lease is £1. a year ,and as 911 years left to run. it is only recently that a company as bought the lease, before it was never collected. anyone know where i stand?

    Yes you need freeholders consent to register the flats. Your best bet may be not mention it but just buy the freehold which shouldn't be more than a couple of grand with all costs.
    IF you ask for consent they may request a huge fee...


      Have you owned this house for more than 2 years?
      Were you offered the right to buy the freehold, or was the freehold transferred before you acquired the leasehold property?


        thanks for replys . i have had the house over 20 years i was never offered the freehold to buy. the freehold was held by the church i think , then bought by a company a few years ago.


          It seems as though the original landlord may have failed to observe the legal requirement.
          Landlord and Tenant Act 1987
          1 Qualifying tenants to have rights of first refusal on disposals by landlord.

          (1)A landlord shall not make a relevant disposal affecting any premises to which at the time of the disposal this Part applies unless—

          (a)he has in accordance with section 5 previously served a notice under that section with respect to the disposal on the qualifying tenants of the flats contained in those premises (being a notice by virtue of which rights of first refusal are conferred on those tenants); and

          (b)the disposal is made in accordance with the requirements of sections 6 to 10.

          (2)Subject to subsections (3) and (4), this Part applies to premises if—

          (a)they consist of the whole or part of a building; and

          (b)they contain two or more flats held by qualifying tenants; and

          (c)the number of flats held by such tenants exceeds 50 per cent. of the total number of flats contained in the premises.

          (3)This Part does not apply to premises falling within subsection (2) if—

          (a)any part or parts of the premises is or are occupied or intended to be occupied otherwise than for residential purposes; and

          (b)the internal floor area of that part or those parts (taken together) exceeds 50 per cent. of the internal floor area of the premises (taken as a whole);

          and for the purposes of this subsection the internal floor area of any common parts shall be disregarded.

          (4)This Part also does not apply to any such premises at a time when the interest of the landlord in the premises is held by an exempt landlord or a resident landlord.

          (5)The Secretary of State may by order substitute for the percentage for the time being specified in subsection (3)(b) such other percentage as is specified in the order.


            Originally posted by pilman View Post
            It seems as though the original landlord may have failed to observe the legal requirement.
            I pretty sure that right of first refusal for freeholds doesn't apply to freehold houses.

            I would go with the suggestion made by Section20z and try to buy the freehold.


              I presume you are the leaseholder of the house and a company has bought the "freehold title" from the previous freeholder ?

              I suggest you visit the Land Registry Online website and pay £3 by credit card to buy a copy of the freehold title and download.

              The freehold title may cover one house or several adjacent houses or even for the whole street.

              Check your own lease for the annual ground rent payable £1 per year or quarterly ?

              Leaseholder of leasehold house can make a compulsory purchase of the freehold title at around 18 x annual ground rent ,(if price is determined by application to FTT ) . OR you can make an offer say at £100 plus legal costs to the current freeholder.


              Latest Activity


              • Accounting for RMC
                by SHill
                Would anyone be able to advise if a RMC can raise sales invoices to Directors, for property expenses that relate to their leasehold properties. The sales invoices raise are itemised in the Notes to the service charges at. 4. Transactions with Directors and 5. Related party transactions
                09-02-2021, 22:41 PM
              • Reply to Accounting for RMC
                by SHill
                A lot has happened since my #62 post.

                1. The Accountant is refusing to accept my instructions requesting him to hand over the Company information and accounts to the new Accountant. He is aware that the Company has massive penalties because of the late filing of the 2018 and 2019 accounts...
                26-07-2021, 17:44 PM
              • Lease extension with rising rent
                by Section20z
                Having trouble finding a definitive answer to how statutory lease extension is valued with rising rent , my lease has 84 years left at £1020 current ground rent rising on sale of flat by £5/£1000 increase in value.
                ​​​How does this affect cost of extension ? (flat worth £200,000)...
                07-05-2021, 06:42 AM
              • Reply to Lease extension with rising rent
                by sgclacy
                Very large ground rents bizarrely are not onerous. - a very large rent stands out during the conveyance, and the parties adjust the price accordingly. If a ground rent on a flat ordinarily worth say £300k with a nominal rent is sold for £10,000 because the ground rent is say £10,000 per annum then...
                26-07-2021, 14:57 PM
              • Reply to Lease extension with rising rent
                by sgclacy
                In fairness, the freehold has every right to reject the notice when errors are made of that magnitude.

                As it is invalid, you can immediately serve another. If it was deemed valid, and you withdrew then you have to wait 12 months...
                26-07-2021, 14:48 PM
              • Reply to Lease extension with rising rent
                by Gordon999
                This report on CMA actions may help if your property developer is a company named in this report.:

                26-07-2021, 14:03 PM
              • Advice on flat sale
                by Ionela Preda
                Guys, hi!

                I represent a RTM Company, I am the Director of it, 11 flats in our block.
                He have some people willing to sell their flat, and I am really “flat” on the legal aspect;

                I need to give them: the Deed of Covenant, the Assignment Pack, I need to lift and re-apply...
                24-07-2021, 15:54 PM
              • Reply to Advice on flat sale
                by Gordon999
                I am not a solicitor and do not have drafts for 1, 2 and 3.

                I suggest you speak to the leaseholder 's conveyancing solicitor for advice if these items 1, 2 & 3 are necessary and functions required by the RTM under the terms of your lease.
                26-07-2021, 13:49 PM
              • Who can become a director of a RMC?
                by David Mc
                Hi, Could anyone advise who can actually become a director of a RMC. We are a block of 30 flats, each flat has one share in the RMC. We employ a managing agent. The RMC holds the freehold to the property. The MA is the company secretary.

                There are currently 2 directors, although...
                23-07-2021, 09:58 AM
              • Reply to Who can become a director of a RMC?
                by eagle2
                A Company should always comply with its Articles so if regulation 47 of Table A applies, it should still hold AGMs. It needs to amend its Articles if it does not wish to hold AGMs any more....
                26-07-2021, 11:07 AM