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Freehold - Leasehold selling issue

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theblagger
theblagger Posts: 2,027 Forumite
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in House buying, renting & selling
Any one help

House converted into 2 flats
So 50% each freeholder (2 separate owners)

Question , owner of one flat wants to sell , can it be sold if in a legal dispute , with other 50% freeholder?

Thanks for any help on this
I refer to my byline below ...

Ad hominem
An attack upon an opponent in order to discredit their arguement or opinion. Ad hominems are used by immature and/or unintelligent people because they are unable to counter their opponent using logic and intelligence.
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  • jakieahmed
    jakieahmed Posts: 14 Forumite
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    Shouldn't you have to convert them to leasehold if you want two different persons to be owner?

    Converting it to leaseholder of 995 years or something higher would solve the issue
  • theblagger
    theblagger Posts: 2,027 Forumite
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    jakieahmed wrote: »
    Shouldn't you have to convert them to leasehold if you want two different persons to be owner?

    Converting it to leaseholder of 995 years or something higher would solve the issue

    One of the flats is owned with the owner living there, the other flat has a tenant, the owner of the flat with tenant has decided to sell....however there are numerous both structural and maintenance issues that will come into play once it all starts to kick in (selling )...as certain issues have not been addressed by the absent landlord...therefore if there is a legal dispute between both owners , can the flat still be sold..?
    the freehold as far as Im aware is split between them
    I refer to my byline below ...

    Ad hominem
    An attack upon an opponent in order to discredit their arguement or opinion. Ad hominems are used by immature and/or unintelligent people because they are unable to counter their opponent using logic and intelligence.
  • G_M
    G_M Posts: 51,977 Forumite
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    Please clarify

    * each flat is subjecct to a lease yes?
    * The freehold is owned jointly be the 2 leaseholders yes?
    * how is it owned? Via a copany of which they are each shareholders? directly in their 2 names? Or....?

    Most buyers will want confirmation from the other joint freeholder that the leaseholder who is selling has paid ground rent, service charges etc up to date, as well as whether there are ther outstanding bills, or planned costly maintenance issues.

    As well as details of any disputes.

    The leaseholder can certainly sell. Whether the buyer will agree to buy once any issues aree made known is another matter!
  • theblagger
    theblagger Posts: 2,027 Forumite
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    Please clarify

    * each flat is subjecct to a lease yes? yes
    * The freehold is owned jointly be the 2 leaseholders yes? yes
    * how is it owned? Via a copany of which they are each shareholders? directly in their 2 names? Or....?

    Most buyers will want confirmation from the other joint freeholder that the leaseholder who is selling has paid ground rent, service charges etc up to date, as well as whether there are ther outstanding bills, or planned costly maintenance issues.

    As well as details of any disputes.

    The leaseholder can certainly sell. Whether the buyer will agree to buy once any issues aree made known is another matter!

    So does the buyer have to be made aware of the issues...? before they buy?
    I refer to my byline below ...

    Ad hominem
    An attack upon an opponent in order to discredit their arguement or opinion. Ad hominems are used by immature and/or unintelligent people because they are unable to counter their opponent using logic and intelligence.
  • G_M
    G_M Posts: 51,977 Forumite
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    theblagger wrote: »
    So does the buyer have to be made aware of the issues...? before they buy?
    Most buyers will want confirmation from the other joint freeholder that the leaseholder who is selling has paid ground rent, service charges etc up to date, as well as whether there are ther outstanding bills, or planned costly maintenance issues.
  • theblagger
    theblagger Posts: 2,027 Forumite
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    G_M wrote: »
    Most buyers will want confirmation from the other joint freeholder that the leaseholder who is selling has paid ground rent, service charges etc up to date, as well as whether there are ther outstanding bills, or planned costly maintenance issues.

    Thanks, can see loads of problems cropping up, the absent landlord has already fallen foul by not keeping deposit in a rent deposit scheme.
    I refer to my byline below ...

    Ad hominem
    An attack upon an opponent in order to discredit their arguement or opinion. Ad hominems are used by immature and/or unintelligent people because they are unable to counter their opponent using logic and intelligence.
  • eddddy
    eddddy Posts: 16,443 Forumite
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    theblagger wrote: »
    Thanks, can see loads of problems cropping up, the absent landlord has already fallen foul by not keeping deposit in a rent deposit scheme.

    That's not directly relevant to selling the property - except that it may make evicting the tenant more difficult.


    To give you a helpful answer, it would help to know your motivation for asking the question. For example, is it...

    - you are asking on behalf of the tenant, who doesn't want to be evicted.

    - you are asking on behalf of the seller, who has a troublesome neighbour

    - you are asking on behalf of the neighbour, who wants to persuade the seller to do something (like pay for repairs)

    - you are asking on behalf of the neighbour, who just wants to give the seller a hard time (e.g. out of spite).


    Then people may be able to give you advice on how to achieve your goal.
  • theblagger
    theblagger Posts: 2,027 Forumite
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    eddddy wrote: »
    That's not directly relevant to selling the property - except that it may make evicting the tenant more difficult.


    To give you a helpful answer, it would help to know your motivation for asking the question. For example, is it...

    - you are asking on behalf of the tenant, who doesn't want to be evicted.Yes

    - you are asking on behalf of the seller, who has a troublesome neighbour

    - you are asking on behalf of the neighbour, who wants to persuade the seller to do something (like pay for repairs) yes

    - you are asking on behalf of the neighbour, who just wants to give the seller a hard time (e.g. out of spite).


    Then people may be able to give you advice on how to achieve your goal.

    - you are asking on behalf of the tenant, who doesn't want to be evicted.Yes


    - you are asking on behalf of the neighbour, who wants to persuade the seller to do something (like pay for repairs) yes
    I refer to my byline below ...

    Ad hominem
    An attack upon an opponent in order to discredit their arguement or opinion. Ad hominems are used by immature and/or unintelligent people because they are unable to counter their opponent using logic and intelligence.
  • eddddy
    eddddy Posts: 16,443 Forumite
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    theblagger wrote: »
    - you are asking on behalf of the tenant, who doesn't want to be evicted.Yes


    - you are asking on behalf of the neighbour, who wants to persuade the seller to do something (like pay for repairs) yes

    So presumably you're the neighbour?

    It would be much easier to offer advice if you provided a sensible amount of information. But in the absence of details, I'll make some guesses:

    - You own the leasehold of a flat
    - You're neighbour owns the leasehold of another flat
    - You both jointly own the freehold


    If that's the case...

    - Your neighbour can sell their leasehold flat without any reference to you.
    ..... BUT evidence of disputes between neighbours, poor/missing information from the freeholders might worry some buyers.

    - To transfer the freehold (from 'you and neighbour' to 'you and buyer') requires your signature. So you can block the transfer of the freehold by refusing to sign.


    Your neighbour might cave in and do whatever it is you want them to do, but other possible outcomes include:

    - Your neighbour sells the leasehold flat cheaply to a cash buyer (maybe at auction)

    - Your neighbour walks away still jointly owning the freehold, leaving you with a big headache, when you come to sell.
  • theblagger
    theblagger Posts: 2,027 Forumite
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    Also is it a criminal offence if the seller does not offer the other 50% freeholder first refusal on their 50% freehold when selling?
    I refer to my byline below ...

    Ad hominem
    An attack upon an opponent in order to discredit their arguement or opinion. Ad hominems are used by immature and/or unintelligent people because they are unable to counter their opponent using logic and intelligence.
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