Transfer of garage - long lease hold

[Chris26W]

Hello,

I own 1 leasehold flat (850 years, top floor) in a converted semi detached Victorian house of which there are 2 leasehold flats flats. The freeholder is a separate company. I own the head lease and the underlease of the ground floor is demised from the head lease. The head lease has no restrictions other than the erection of the building within the boundary line.

The under lease which governs the upkeep of the building notes that both leaseholders are responsible for the upkeep of the roof in an equal share. I have reached an informal agreement with under lease holder that if he gives me the garage area at the back of the property within the boundary line (which is demised to him from the head lease) then I will remove any obligation for him to pay for the repair and upkeep of the roof.

I have 2 questions on this

1. What is the legal vehicle for transferring the demised garage area back to the head lease - I am guessing it may be a surrender and re-grant ?

2. If it is a surrender and re-grant does it need the permission and consent of the free holder who is a separate company

Many Thanks

[Gordon999]

You need to consult a soicitor experience in L&T Act matters to examine the wording in your leases.