splitiing house into flats without leaseholders permission

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    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?

    #2
    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...

    Comment


      #3
      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?

      Comment


        #4
        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.

        Comment


          #5
          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.

          Comment


            #6
            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.

            Comment


              #7
              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.

              Comment

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