trying to extend a lease on flat

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    trying to extend a lease on flat

    Hi - this is going to be a rather long message for which I apologise but I am literally tearing my hair out and am at a loss as what to do
    I am currently trying to sell my flat in coventry but have had to take it off the market as it only has well under 70 years remaining on the lease can anyone help

    The flat's lease runs from 25/02/72 - 21/12/69 and the Lease is seemingly owned by the management company (of which I am a member) my own name is included on the land registry document as the owner and as the proprietor - it does not say anywhere on the document that i own the lease

    The head lease for the block of flats is owned by one man with the management company being registered as the underlease, this runs from the 1st January 1971 for 99 years. I also believe that owner of the head lease holds the freehold as he maintains his fathers estate who is mentioned in the extract from the deed as the purchaser in 1936. I have written him twice asking for help and so far have heard nothing.

    I want to extend the lease on my flat to 99 years (or higher) does the head lease for the entire block need to be extended first as it only has a year longer than my own lease or can he grant me the headlease if he is the freeholder as I believe. I would suggest buying the freehold outright but don't believe that most of the other flats would go along with it

    Please help

    #2
    sorry should also have stated that every flat pays £600 a year to the management company of which £120 is set aside and paid to the head lessor every January (don't know if this will help any but is for completions sake)

    Comment


      #3
      Your posts are a bit garbled but I think that you mean this:
      1. F owns the freehold reversion.
      2. The Management Company C owns the head lease (leasehold reversion), for 99yrs. from 1 January 1971.
      3. You own the underlease, for the same term less one year.
      4. All being well, F/C/you each have a registered title at HMLR- but the law's the same even if an interest is stil unregistered.
      5. C cannot grant you an extension- the head lease is not sufficiently long.
      6. You exercise your statutory rights (90yr. extension, rent reduced to peppercorn) by serving a s.42 Notice (under 1993 Act) on both F and C.
      7. Best: all underleaseholders collectively enfranchise (buy-out the interests of F and C, by one transaction).
      8. They can then grant themselves 999yr. leases, far in excess of what the 1993 Act contemplates.
      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


        #4
        If all flats are on 99 year leases from 1972 , and have the same problem as yourself, then Jeffrey's step 7 +8 is BEST.

        Comment


          #5
          very interesting

          I have the same above situation, with the difference that there is a commercial property on two floors and the rest of the three floors are residential (so non residential area exceeds 25%). Additionally, the management company is flat-only controlled and is the freeholder of the commercial property as well.

          On points nb5 and 6, how is it possible to extend for yourself and not all others, especially given the fact the headlease refers to the whole building for a fixed term ? and what happens if other tenants under the underleases do not want to extend (you want to sell but not them for ex) ?

          Under points nb 7 and 8, given the surface ratio on commercial, I am guessing forcing enfranchisement is not applicable? so only extention under point 5 and 6 are?

          Comment


            #6
            You can download the free guide on lease extension from www.lease-advice.org

            Comment


              #7
              thanks a lot Gordon - I have drilled that link extensively but I am more wondering if you had any views on that particular situation where there is a headlease and an underlease as I have found no guidance on that particular case. Do you need to extend the whole of the headlease to extend your own underlease ? Might be a pb especially if there is commercial property on the permises which might not want to extend ?

              Comment


                #8
                I suggest you make a written enquiry with details of your headlease situation to LEASE or consult a solicitor specialising in lease extensions.

                Comment


                  #9
                  ok thanks for your help - I will do so
                  I thought would be a standard enquiry under the situation where tenants have teamed up to form an RTM Company that has acquired the freehold of the whole building from the original freeholder and granted individual leases to each, but I am guessing is not so standard ..
                  Tks again

                  Comment

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