Extending Garage lease which is on separate lease to flat.

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    Extending Garage lease which is on separate lease to flat.

    Hi, am selling my flat that has a long lease but the garage that comes with it has a separate lease which only has 41yrs left. Started the lease extension through the management company and got the quote from them for new length of lease and cost so process was all started.

    Got an email from them now stating they have closed the file because they cannot honour the quote because of the impending ground rent act and also they have had instructions from their lender that in the way their portfolio is financed precludes them from being able to offer informal lease extensions on garages which are on a separate lease to the flat.

    So where does that leave me, I cannot extend the lease at all or is there another way around this, any suggestions or comments would be appreciated.
    thanks

    #2
    Is the garage within the boundary area of your block of flats's freehold title , or under separate freehold title ?

    Comment


      #3
      The position seems to be that you can extend both leases, but not the garage lease on its own: See here: http://newsontheblock.com/questions-...a-garage-lease.

      Comment


        #4
        The garage lease not being a residential lease would not be effected by the leasehold reform (ground rent) act 2002 - so a lease extension can contain a ground rent and you have no statutory right to extend the lease

        Comment


          #5
          Originally posted by Gordon999 View Post
          Is the garage within the boundary area of your block of flats's freehold title , or under separate freehold title ?
          The Garage is just around the corner and access is from a service ally and is marked on the lease for the flat as are all the garages that come with these maisonettes. The maisonette has a 940+yr lease left, garage 41yrs. I cannot seem to sell the property without extending garage lease. Garage is on a separate lease. So is it a fact that I cannot use a section 42 for a statutory lease extension on the garage alone?. How can that be or am I wrong.

          Comment


            #6
            You may have to bizarrely extend the flat lease from 940 years to 1030 and include the garage in your notice of claim as advised above

            I suspect the amount of the premium will be very small and dwarfed by the total professional fees on your side and that if the landlords

            Comment


              #7
              I suggest you buy a copy of the site plan for freehold title of building from Land Registry Online website. It costs £3 to download and check if garage is within site boundary . You may have to seek a 90 year lease extension for your maisonette and garage ( apurtenant property as Lawcruncher in post 3 ) together.

              You may have to ask other garage owners how they extended ?

              Comment


                #8
                Thanks guys, well I am lucky in that I am in the position that I do not have to sell, only reason for selling was to buy my eldest son a place of his own. This is the 2nd buyer now, 1st was a BTL landlord and I will find out if this 2nd one pulls out or buys next week, I would imagine the latter to be the case.

                Flat was rented for years (no mortgage) and will be rented again for the foreseeable future, it will be an asset again, I'm not going through all this stuff anymore I might as well use the Licence I paid for last year, there are other ways of getting the money, I'm done with these official people.

                Yes there has been 3 flats sold within the last 5yrs, wonder how they were sold then with the same short garage leases but tbh it don't matter that much anymore.

                Comment


                  #9
                  I'm wondering if freeholder put the block on garage lease extensions as he plans to one day demolish them, or build on top.
                  To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                  Comment


                    #10
                    Where the garages are is not conducive to any other building but garages. As a side note not all the flats came with a garage, perhaps thats why some were sold ok. 1 was going to be bought by a BTL landlord and they pulled out. Crazy situation but never mind now, you never know this buyer may still go for it but if not its ok, just 5mnths wasted and £££'s down the toilet.

                    Comment

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