We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Cheapest & quickest way to solve freehold lease extension issue
huntaaar
Posts: 23 Forumite
Hi all,
I am currently buying a leasehold flat that come with a with a share of the freehold. The lease is in the low 80’s so we have requested it to be extended before we exchange.
There are 4 flats and 3 freeholders. Last we heard from the vendor was they were happy to extend before the sale but now their solicitors are saying they don’t want to and talking about it being problematic in terms of the other freeholders costs and a potential need for a “market rate premium” to be paid if we just extend the one lease. I assume this may just be solicitor’s doing what they do and representing the strongest case for their client but I am in the process of trying to clarify.
The freehold arrangements have been pitched to us as very informal. For example, there is a ground rent charge of £100 per annum but no one collects (the logic being they would be paying themselves). There is no management company set up either.
My main question is, assuming the other parties are happy to have all the leases extended. What is the cheapest and most straightforward way to get it done? I figure understanding this can help with our negotiations and we are willing to contribute some of the costs, subject to seeing the sale complete and it being done in the cheapest, most effective way.
Any advice welcome
Thanks
I am currently buying a leasehold flat that come with a with a share of the freehold. The lease is in the low 80’s so we have requested it to be extended before we exchange.
There are 4 flats and 3 freeholders. Last we heard from the vendor was they were happy to extend before the sale but now their solicitors are saying they don’t want to and talking about it being problematic in terms of the other freeholders costs and a potential need for a “market rate premium” to be paid if we just extend the one lease. I assume this may just be solicitor’s doing what they do and representing the strongest case for their client but I am in the process of trying to clarify.
The freehold arrangements have been pitched to us as very informal. For example, there is a ground rent charge of £100 per annum but no one collects (the logic being they would be paying themselves). There is no management company set up either.
My main question is, assuming the other parties are happy to have all the leases extended. What is the cheapest and most straightforward way to get it done? I figure understanding this can help with our negotiations and we are willing to contribute some of the costs, subject to seeing the sale complete and it being done in the cheapest, most effective way.
Any advice welcome
Thanks
0
Comments
-
I don't really see why with low 80 left on the lease you need to extend the lease. Its normally sub 70 years that mortgage companies get twitchy.
You don't have to renew all the leases, you can just renew a single lease.0 -
Mainly because I am concerned that I may need it done before and the other freeholders would be able to leverage the situation (as many examples are cited on this site). I don't want to assume they would but I don't want to be left vulnerable either.
Any advice on the easiest and cheapest way to extend the single flats lease?0 -
Mainly because I am concerned that I may need it done before and the other freeholders would be able to leverage the situation (as many examples are cited on this site). I don't want to assume they would but I don't want to be left vulnerable either.
Any advice on the easiest and cheapest way to extend the single flats lease?
The wrong way.
Look, as a share of freehold there should be no premimum to pay for the extended lease and all you have is legal fees.
The difference between the cheapest and the most expensive is likely to be say, 2k of which yourt share is 500 pounds.
Do you and your fellow freeholders really want to risk getting it wrong for such a small sum?0 -
If the other freeholders are not prepared to co-operate in extending this lease then they won't co-operare with you n the management of the building in the ftuure and you should leave well alone.
These "share of freehold" situations can be very good or very bad depending on the people who are involved.
If the others don't want to extend at the moment there is no reason why your seller should not have hislease extended now.
Also remember that as there is no company you need to get evereyone to sign every time aflat changes hands or a lease needs extending. if one of the other co-freeholders disappears or refuses for some reason you can have problems in the future, so it isn't all marvellous as estate agents often try to imply.
The freehold should be held on a trust which deals with these eventualities or held by a company.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.0 -
Richard_Webster wrote: »If the other freeholders are not prepared to co-operate in extending this lease then they won't co-operare with you n the management of the building in the ftuure and you should leave well alone.
These "share of freehold" situations can be very good or very bad depending on the people who are involved.
If the others don't want to extend at the moment there is no reason why your seller should not have hislease extended now.
Also remember that as there is no company you need to get evereyone to sign every time aflat changes hands or a lease needs extending. if one of the other co-freeholders disappears or refuses for some reason you can have problems in the future, so it isn't all marvellous as estate agents often try to imply.
The freehold should be held on a trust which deals with these eventualities or held by a company.
Thanks Richard, I figured this was the case. I just want to be carful as informal sounds great for some things but not when I want something and others might not.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.2K Work, Benefits & Business
- 600.9K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards