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Purchasing part of freehold

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Comments

  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
    First Anniversary First Post Combo Breaker
    You can only force the freeholder to sell the freehold if you club together with the other leaseholders.

    Even if the freeholder did agree to you having a share in the freehold you would still have to agree what is done with him and he might not agree and you would be no further forward.

    Either you and the other leaseholders take control or you don't. Even if you take control with them you still have agree stuff with them so none of this is the complete panacea.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • eddddy
    eddddy Posts: 16,412 Forumite
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    t45 wrote: »
    If I wanted to add or amend a clause, as a lease, can I go about doing this and if so how?

    The leaseholder and the freeholder have to agree to change the lease. If they don't agree, there's nothing you can do.

    (So if a leaseholder wants to play music, it's unlikely that they would agree to changing their lease to say they can't play music.)

    Even if you were a joint freeholder, that situation wouldn't change.
  • t45
    t45 Posts: 119 Forumite
    First Anniversary First Post Combo Breaker
    Thank you both eddy and Richard,
    Basically this is the set-up:
    3 flats, one of which owns 100% freehold.
    I own 1 flat and am leaseholder with long lease.
    The other flat is also leaseholder and i don’t think wants to purchase freehold as they are looking to sell.
    I am the only party who wants to purchase part of the freehold so it’s unlikely that i could do this with the other leaseholder.
    My understanding is that i can ask to purchase part of freehold (this is without the other leaseholder) and in effect it would 50% 50% each. It would be great of the other flat/lease holder wanted to buy part to freehold but i don’t think this will happen.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    I suspect the clause was added to the lease of the flat below, permitting them to play music?

    What does your own lease say about, for example, either noise, or right to peaceful enjoyment, or not disturbing neighbours?

    Have you read the links yet? I believe to act under RTB you need a majority of leaseholders. Who owns the other flat and would he support you?
  • t45
    t45 Posts: 119 Forumite
    First Anniversary First Post Combo Breaker
    thank you all - can anyone shed light on this SECTION 20 CONSULTATION mentioned by soungirlrocks?
    One of the flats (which is rented) has taken it upon themselves to add a huge light at their front door, removing the old light for a very modern light that is not in keeping with the old style of the property - the tenant did this without permission from the owner or the freeholder - I have asked for it to be removed but it remain - where do I stand on this? it overlooks my door and it is unsightly - also no permission was granted and holes were drilled into the exterior bricks to allow for this light to be fitted.....
  • eddddy
    eddddy Posts: 16,412 Forumite
    First Anniversary First Post Name Dropper
    t45 wrote: »
    thank you all - can anyone shed light on this SECTION 20 CONSULTATION mentioned by soungirlrocks?

    In simple terms, if you will be asked to contribute more than £250 towards a piece of maintenance or repairs, the Freeholder has to go through a formal consultation process first.

    See: http://www.lease-advice.org/faq/what-is-the-section-20-consultation-process-for-major-works/

    t45 wrote: »
    One of the flats (which is rented) has taken it upon themselves to add a huge light at their front door, removing the old light for a very modern light that is not in keeping with the old style of the property - the tenant did this without permission from the owner or the freeholder....

    Your rights are detailed in your lease. If any of your rights have been breached, you can complain to the freeholder.

    For example, your lease probably says that you have to contribute to the cost of maintenance and repairs. If the replacement of the light isn't maintenance or repairs (e.g. if the old light was fine, and the new one is intended as an improvement) you probably don't have to contribute to its cost.

    Arguing that the light should have been replaced by an identical one may be a bit tougher. (Although, if your lease mentions 'maintenance' I guess you could argue that 'maintenance' implies 'keeping the same'.)
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