Enfranchising underleasehold house (70yrs. unexpired)

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    Enfranchising underleasehold house (70yrs. unexpired)

    I have an ex social landlord house which I bought under the Right to Buy in 1993 and pay a common area maintenance charge to them.

    There are 70 years left on the lease which is with the social landlord for a peppercorn rent, the local council are the freeholder.

    How would I go about getting a 90 year lease extension or purchase the freehold as I am looking at trying to sell ASAP, which would be quicker lease extension or freehold purchase.

    Any help would be greatly appreciated and an idea of what fee's to expect would help.

    Many Thanks

    #2
    1. So you have an underlease from a Housing Association that itself has a Head Lease from the Council?
    2. If so, underlease extension will probably take just as long as enfranchisement. Both would involve both reversioners (except, unusually, if the term of HA's Head Lease exceeds the term of your underlease by very many years).
    3. Best way forwards: serve a Notice of Claim [under the Leasehold Reform Act 1967] on them both.
    4. Note that a house's 1967 Act extension is for 50 years only. A 90 year extension is the period [under the 1993 Act] for flats only.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Originally posted by jeffrey View Post
      1. So you have an underlease from a Housing Association that itself has a Head Lease from the Council?
      2. If so, underlease extension will probably take just as long as enfranchisement. Both would involve both reversioners (except, unusually, if the term of HA's Head Lease exceeds the term of your underlease by very many years).
      3. Best way forwards: serve a Notice of Claim [under the Leasehold Reform Act 1967] on them both.
      4. Note that a house's 1967 Act extension is for 50 years only. A 90 year extension is the period [under the 1993 Act] for flats only.
      1>Yes

      2> The HA's lease has 70 years left to run, would this affect anything ?

      3>Is there a form to use or would it be best to seek advice

      4> So the maximum extension would be 50 years, do you get an automatic right to extend again thereafter ? Would it then be better to enfranchise ?

      Thank you for the reply.

      Comment


        #4
        If HA's lease term is only a few days longer than your underlease's, both reversioners are involved no matter whether you extend or enfranchise. Either way, you'll have the dubious privilege of paying the legal fees etc. of them both.
        EXTEND: cheaper but less value-for-money.
        ENFRANCHISE: the opposite.
        For both, there is a specific form of Notice of Claim [same form for both cases] to use.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

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