Breach of lease problems and attempt to buy freehold problems

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    Breach of lease problems and attempt to buy freehold problems

    Hi,
    I have two main problems:
    I have a weekly eating 'club' in my flat which the freeholder is claiming is a business. It's debatable whether it is.
    The freeholder is about to send me a letter threatening forfeiture.

    Next problem is:
    The freeholder offered to sell the freehold last summer at a rather inflated price to myself and another leaseholder. Under another act we put in our own claim to buy the freehold at a more reasonable price which our solicitor had valued.
    We launched this claim with the land registry.
    Our freeholder came back with an even higher sale price and also demanded to develop the land underneath.
    The next development was that according to my lease, I own the land underneath and they have no right to develop this land. This was backed up by the barrister.
    Today I've heard that the freeholder has ignored our counter claim and has sold our freehold to another party.

    I need advice....
    I already have a solicitor but he cannot act for me regarding the first problem as it's a conflict of interest with the other leaseholder.

    #2
    I dont know what an eating club is however to put this matter to bed the easy way is to suspend the club until this freehold matter is resolved effective immediatly and inform the leaseholder and freeholder accordingly, This should put to bed this forfieture procedure.

    I assume the lease prohibits business use of a flat so if this eating club is a commercial thing and a leaseholder is complaining the play safe and stop it in my view is best.

    The freehold thing worth looking at the land reg to see if the interest has been changed and see what consideration is reported but I assume the solicitor is dealing with this.

    Just my view maybe stop this club then no problem.

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      #3
      1. Which town or city are you located ? What kind of building contains your flat and how many units in total ? Any commercial unit in block to raise the freehold value ? What annual ground rent do you pay and how many years left on your lease ? What was the freehold offer price and what price was your counter-offer price ?

      2. Did the Freeholder offer to sell the freehold to you under a "right of first refusal" and were there time limits set for you to reply to that offer. You can buy a copy of the freehold title for your post code from address Land registry Online for 4 pds by credit card and this info will show if you have a new freeholder .

      3. If your flat is held under a lease ( i.e leasehold which is really a long term rental agreement). you do not own part of the land and building. You are just the longterm tenant . What do you mean by "I own the land underneath ?"

      4. If you want to live without problems from a freeholder, then you should move to a house .

      Comment

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