Two separate leases on a single flat

cricketing2013

We are in the process of buying a flat atpresent, but have run into an unexpected situation with the lease – the flat isa share of freehold, but it has two separate 999 year leases for the flatitself. I’d welcome any advice on whether people have come across this beforeand what they would advise that we do. More details below (apologies for length, it’s slightly fiddly)


We are buying a 2 bed flat in a small block. Theflat comes with a share of freehold. There are then two leases for the flat –the first covers the main parts of the flat and the master bedroom, the second coversa second bedroom which was an addition to the flat 20 years ago. The reason forthe two separate leases is that a mistake was made when extending the leasefrom a 99 year lease to a 999 year lease - first time around the extension wasmissed off, and was therefore put onto a separate 999 year. The issue obviouslyisn’t around the length of the lease, as both have more than 950 years to run,but the fact that there are two separate leases covering the property, whichtogether add up to the whole flat.


Our solicitor’s advice hasn’t been very clear.Although they haven’t come across this situation before and agree that it isvery unusual, they haven’t provided a clear line on what our best course ofaction is and what risks there are of buying with the status quo. They alsohaven’t given a clear sense of what it would cost to put the property onto asingle lease. Our feeling is that this is something that the seller should dealwith given it was their mistake and there is a risk that it puts buyers off infuture (as we are ourselves feeling now). We are therefore asking that theseller takes action to put the whole flat onto a single lease, but are awaitingan answer and aren’t convinced that they will say yes. If they don’t, we mayask for the money off the price to pay to do it ourselves, but obviously thereare risks around cost.

Has anyone been in a similar situation? Arethere other big risks attached to the situation that we should be aware of? Any advice greatly welcomed.

G_M

It is unusual, but I see no problem. So long as you get leases for the entire property, where's the problem?

My mum bought her house 20 years ago. 5 years later she bought a section of the neighbour's garden, which is now incorporated into her garden (so the house and extended garden are a single fenced property).

But she has 2 freehold Titles - the original one and a new one for the extra garden. Wheh/if she sells, she will sell both Titles together.

Your set-up seems very similar.