2 leases 3 share of freehold

  • Filter
  • Time
  • Show
Clear All
new posts

    2 leases 3 share of freehold

    hi. Any help. Situation: converted house in two flats, two leases with share of freehold, one freeholder (number 3 freeholder) has no lease. Can both leaseholders use the right of enfranchaiement?? considering we are also freeholders too?? we have both 115 years leases. The odd freeholder does not live at the address.

    If sell my lease only can then the leaseholder use enfranchisement? how would that work?


    Is the freehold held as a company or is it in all 3 names at Land registry?


      There are two flats with a lease on each.

      The freehold is a separate legal entity which as bbva alludes to is either
      a jointly owned by the three of you -no shares
      b or a company owned by the three of you

      while you cannot enfranchise against yourself in a but could in b, there is no point.

      What I suspect that the problem is is that you want the old freeholder to no longer be involved and i suspect that at one time they were a leaseholder and sold the flat but forgot to remove their name from the title.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.


      Latest Activity


      • Legal Action Against Landlord - Local Council
        by Isaac1400

        Hoping someone can advise. I am leaseholder and the landlord is a local council. my property is a flat and there are about 55 flats spread out over 3 floors.

        Now the problem is that over the years the council has failed to maintain the exterior and communal areas - including...
        02-12-2021, 07:13 AM
      • Reply to Legal Action Against Landlord - Local Council
        by Section20z
        It may benefit older leases by removing "marriage value" from lease extensions but this would not help you _ and freeholders are also aware of imminent changes and may be more willing to negotiate prior.
        Speak with a specialist like Homehold.org who will negotiate on your behalf,...
        05-12-2021, 07:14 AM
      • How much can the freeholder charge for registering details of a sublet?
        by Joubert
        I am a director of a Freehold Company of a small block of 28 flats in a popular residential area.

        Over the past few years the majority of flats have been purchased by investors who sublet the flats on ASTs.

        Although the leases between the Freehold Company and the lessees are...
        04-12-2021, 17:35 PM
      • Reply to How much can the freeholder charge for registering details of a sublet?
        by eagle2
        If the lease states that you may charge a registration fee of £10, that is the amount you may charge, you are not entitled to increase the charge unless the lease specifically allows an increase. Even then you would be limited to a reasonable amount and £100 would be considered to be unreasonable....
        05-12-2021, 06:55 AM
      • Reply to Legal Action Against Landlord - Local Council
        by andydd
        I sued my freeholder for failure to maintain my driveway, judge was quite damning but I was only awarded £100 as hard to proof any loss BUT in your case it sounds you have exceptional worry over various incidents so yes you could sue and as I found out it was useful, I got costs too and its something...
        04-12-2021, 21:19 PM
      • Dilapidated Flat
        by scot22
        In a block of 24, unfortunately one flat has become dilapidated. The new owner has bought cheaply. She is now demanding the Freeholder pays to refurbish it claiming they have been negligent. Is there a reasonable case ?
        04-12-2021, 11:21 AM
      • Reply to Dilapidated Flat
        by scot22
        Thanks all. It was a great price, significantly below market value, plus in further negotiations a reduction to pay for any further work. This was identified by a surveyor. She is not clueless.....
        Artful in my research I read that can only claim for her ownership period.
        It is all i...
        04-12-2021, 19:33 PM
      • Reply to Legal Action Against Landlord - Local Council
        by Isaac1400
        Thank you for bringing this to my attention. I have heard of this. In summary do you know if this would benefit those with older leases and not on the builds which have has issues with rising ground rent etc?...
        04-12-2021, 19:09 PM
      • Reply to Dilapidated Flat
        by Macromia
        If a leaseholder can show that internal maintenance is required because of a freeholder's negligence (e.g. a failure to meet external maintenance obligations according to the terms of the lease), they will potentially have a claim against the freeholder and be entitled to expect the freeholder (the...
        04-12-2021, 16:59 PM
      • Reply to Dilapidated Flat
        by theartfullodger
        The previous owner might have had a case. The new owner I think only for claims for problems during their ownership. But ianal.

        Presumably she got a great price as it was so dilapidated
        04-12-2021, 16:51 PM