Buying a Leasehold from a Charity

  • Filter
  • Time
  • Show
Clear All
new posts

  • Buying a Leasehold from a Charity


    I am looking to buy a long Leasehold (over 100 years) where the leaseholder is a charity - there are two other flats and one commercial unit in the building and all are let on long similar leases

    Would you see any problem extendig the leasehold ? buying the freehold ? how can i check exactly the status of my freeholder as I beleive it is a charity but not a charitable housing trust?

    Many thanks

  • #2
    pls read where the freeholder is a charity


    • #3
      You have the statutory right to seek a 90 year extension after being a leaseholder for 2 years.

      The right to collective enfranchisement ( buying the freehold) depends on floor area of the commercial unit. Cannot buy if commercial portion floor space exceeds 25% of the entire building.

      This information can be confirmed from the free guides at


      • #4


        • #5
          thanks for that answer

          In regards of extending the lease - this is very good news indeed that I should not worry about the status of the charity - is this due to the fact I have a long lease and hence the flat is not used for the purpose of charity ?

          In regards of the freehold purchase - would you count the basement if any in those calculations ? I am suspecting there might be a basement below the commercial property with access from inside the restaurant - who shoud I ask for this you reckon as this will take the % from 25% to 40% ...

          many thanks


          • #6
            tks for that link on charity comission - very useful indeed - I can definitely see that my freeholder is a registered charity but in eduaction - does that explicitely exclude it from being a charitable housing trust ? is there a register for housing trust ? can a charity move from eduation to housing trust ?
            I understand from the above that even if it were a chartiable housing trust, I would still be entitled to extending the lease ?
            Many thanks


            • #7
              Your rights to lease extension are contained in a free publication available by download from


              • #8
                agree Gordon - I have followed your link - but those rights on the website exclude chartiable housing trust leasing for the purpose of charity hence my question about what is housing trust and is there a register for those ? and if any charity in education or any other freeholder can register itself as a housing trust ? and if the fact I am leasing long for over 100 years excludes the flat from being referred to as used for the purpose of charity ?
                Many thanks


                • #9
                  Would anyone be able to advise on the last post pls
                  Many thanks


                  Latest Activity


                  • Grounds rents to be reduced to zero? That'll do nicely
                    Government due to announce major overhaul of leasehold tomorrow. Read here...


                    At last.

                    Edit: Article now in Guardian...

                    24-07-2017, 22:42 PM
                  • Reply to Grounds rents to be reduced to zero? That'll do nicely
                    Easy enough. They just make a law that overrides the contract. Many such laws already exist, such as the law about unfair terms.
                    They could rule that terms that cause the ground rent to grow at a high fixed rate are unfair (which they are) and limit them to the equivalent of say 3% per year. So...
                    27-07-2017, 10:58 AM
                  • Leakage dispute

                    I have an issue with the other freeholder (we are 3 freeholders of a converted house into 3 flats) about a leak. There is intermittent leaks to downstairs kitchen from my bathroom. both mine one and downstairs flat are rented properties. A few weeks back husband of the downstairs flat...
                    26-07-2017, 14:51 PM
                  • Reply to Leakage dispute
                    I would get someone independent though rather than him, theres too much of a conflict there. Apart from anything else (and I say this without seeing the specifics) £500 for the work you describe is astronomical IMHO.
                    27-07-2017, 07:45 AM
                  • Reply to Leakage dispute
                    ... and arguably if there is water flooding into his flat from yours he does have every right to switch the water off, since he will assume that that you are going to have an emergency plumber in there the next day -- and that this plumber will strip your bathroom fittings out until the cause is found....
                    26-07-2017, 23:12 PM
                  • Reply to Leakage dispute
                    Intermittent leaks...... Sounds as if you are being bloody negligent, and then have the gall to be getting angry. GET IT SORTED NOW. Get a good plumber and pay as much as you need to pay, whether it is £200 or £5000 -- If and only if you discover it is coming from a common pipe, then it is a common...
                    26-07-2017, 23:02 PM
                  • FTT refuses permission to appeal but leaseholder still won't pay service charge
                    First Tier Tribunal refuses permission to appeal their decision for the correct ("reasonable") service charge payable by leaseholder. But leaseholder still refuses to pay service charge and wants to go to court (or Upper Tribunal). Is the FTT useless at enforcing service charge payment?...
                    26-07-2017, 16:11 PM
                  • Reply to FTT refuses permission to appeal but leaseholder still won't pay service charge
                    Yes I am the landlord, and the leaseholder was the one who took us to FTT after I served notice on non-payment of service charge. Unfortunately for him, the tribunal ruled that most charges were reasonable. Then he appealed and the tribunal refused him permission to appeal.

                    Now he says...
                    26-07-2017, 18:04 PM
                  • Reply to FTT refuses permission to appeal but leaseholder still won't pay service charge
                    Hi, presume you as landlord took defaulter to FTT and won? And defaulter was denied right of appeal?

                    Don't understand how defaulter still wants to go to UT? Is he/she asking the UT to allow an appeal over the FTT? Do you know the point of law?


                    Are you...
                    26-07-2017, 17:09 PM
                  • Reply to FTT refuses permission to appeal but leaseholder still won't pay service charge
                    From experience with benefit appeals.

                    The FTT can refuse permission to pass on your appeal to the Upper Tier, but that does not stop you appealing to the UTT yourself.
                    (Yes it seems strange).

                    You can only appeal to the UTT on an 'error of law' and not on an 'error of...
                    26-07-2017, 17:06 PM