New lease extension

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    New lease extension

    Hi guys,
    Help, I brought a flat originally I believe it was a large studio flat, there was a stud wall put up to create a bedroom, this was done not by the previous owner but the one before, the freehold company owns all the flats/maisonettes in the area, all identical and everyone that has been put up for sale has done the same and all the agents floor plans show this.
    I have enquired about an extension to the lease and have been told that as my flat is at present in a refused rent schedule because of a breach of covenant the freeholder will not acknowledge my request for an extension.

    Any help please???

    #2
    Are they refusing service charges as well? Did your solicitor not draw your attention to this when you bought?
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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      #3
      I am not sure the FH can refuse a statutory lease extension.

      When I had a leaseholder in breach of covenant, I asked my solicitor if I could refuse a future statutory lease extension request and was advised I couldn't.

      Comment


        #4
        Originally posted by JK0 View Post
        Are they refusing service charges as well? Did your solicitor not draw your attention to this when you bought?
        They actually forgot to charge me for 6 months so I rang them and they realised their mistake and now I pay DD, they was more concern at purchase regarding a satellite dish which I had to prove I had removed even though I hadn't put it up!

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          #5
          Oh, well see if anyone else comes along to confirm my views:

          Assuming it's not a RTM company demanding the service charges rather than the freeholder, it seems to me that they have waived the breach by acting as if the lease is continuing. If they don't respond to your request for a new lease, I believe that after a certain period the notice is deemed to be accepted.
          To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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