HeadLease/UnderLease

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  • Wdido
    started a topic HeadLease/UnderLease

    HeadLease/UnderLease

    Let us say there is a freeholder1 who assigns a 125 years lease to a freeholder2 who then splits the underleases among flats for 125 years each
    35 years later, if there is one qualifying tenant which ask for one lease extention from freeholder2 - how does freeholder 2 operate ? extend the lease of the whole building from freeholder1 ? and by which qualifying criterias can he enforce the lease extention on freeholder1 given the fact the qualifying tenant is forcing it upon him ?
    Many thanks

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  • Old managing agents accounts
    by jazzythumper
    Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
    20-05-2022, 11:21 AM
  • Reply to Old managing agents accounts
    by jazzythumper
    would this be a good starting point?

    https://www.lease-advice.org/faq/how...eing-used-for/...
    25-05-2022, 15:37 PM
  • Reply to Old managing agents accounts
    by jazzythumper
    As in a simple application to the old managing agent Or freeholder? Which one?

    To provide all accounts and payments based on the fact that we disagree with the charges? How far back can we go? And does having paid the service charges mean we have agreed to these?

    Thanks for...
    25-05-2022, 15:31 PM
  • Reply to Freehold confusion
    by Section20z
    It's never advisable , it can cause serious issues if you have a claim affecting communal areas. For buildings insurance the whole property should be covered and the cost split between the two flats.
    The only problem with an absent freeholder is that when selling the flat a pernickity solicitor...
    25-05-2022, 10:02 AM
  • Reply to Share of feehold/shared service charges?
    by Stu1020
    eagle2,

    Thank you for the response.
    25-05-2022, 09:40 AM
  • Reply to Freehold confusion
    by AndrewDod
    There is no cast iron rule that the freehold "share" has to be transferred with any sale. You may need to purchase it from the friend (or his estate)....
    25-05-2022, 09:22 AM
  • Share of feehold/shared service charges?
    by Stu1020
    Hi there,

    I'm new to the forum and looking for advice on a sticky freehold situation.

    I own a two-bed flat in a converted building with two one-beds. The lease states that a fair proportion is payable towards the service charge. However, there has been a running agreement of...
    20-05-2022, 11:39 AM
  • Reply to Share of feehold/shared service charges?
    by eagle2
    I suggest that you ask the other 2 leaseholders to explain why they consider that the current allocation is fair. The freeholder has the right to review the allocation from time to time. Unfortunately, a "fair proportion" means that several alternatives would be considered reasonable to a...
    25-05-2022, 06:27 AM
  • RTM Hand Over Issues
    by martin15
    RTM handing over issues

    Our RTM companies comprise 4 blocks of 6 identical two bedroom flats and each block is registered at Companies House as a separate company.
    Following the acquisition date, it was discovered the former directors ignored legal advice and changed property management companies...
    23-05-2022, 19:36 PM
  • Reply to RTM Hand Over Issues
    by eagle2
    You appear to have a claim against the freeholder, not the individual companies, who are acting as agent for the freeholder. A Tribunal does not have the jurisdiction to deal with monies which should be handed over, it is a matter for the courts,
    25-05-2022, 06:16 AM
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