Buying the freehold of a maisonette

Prof_Ligate

I have looked about for this info as I am assuming that purpose built maisonettes can be treated differently to a block of flats but cant find anything to be sure.

If there is a block of 8 purpose built maisonettes (i.e 4 downstairs, 4 upstairs call it 10 & 10a, 12 & 12a, 14 & 14a and 16 & 16A), is it possible to buy the freehold of one set of them say 14 & 14 A in the middle of the block or does the block have to be dealt with as one?

Downstairs own the front garden and the back garden is split equally between upstairs and downstairs.

There is a shared pathway at back and front to the back and front doors of numbers 14, 14A 16 and 16A so does that make a difference?

Hope that makes sense?

cattie

If it is a block then the freehold would normally be for the whole block, but possibly the only way to be sure is to inquire of the managing agents. How are your service/maintaince charge & buildings insurance worked out, is it a case of 50% between 2 flats or divided between all 8 flats?

If it's a case of purpose built flats that to outside purposes look like normal 2 storey houses, then it's quite possible for the freehold to be purchased for both the ground and 1st floor flats.

Prof_Ligate

Thanks for that.

Not sure how the charges are worked out as up until a new freeholder took over the freehold about 10 years ago, I was only paying ground rent.

The 'new' freeholder only sent notices for charges a couple of months ago and wants to charge insurance (plus ground rent for last 6 years) which is divided but I have always paid my own insurance so thats an outstanding issue. There are no maintenance charges as such as the freeholder doesn't maintain anything - we look after our own gardens and upstairs look after the roof.

Actually its sounding like one set of upstairs and downstairs could buy the freehold for their bit isn't it?

tim123456789

Asking the freeholder will (probably) get you nowhere as they will just give the answer that suits them best.

Whether you can enfranchise as a single upstairs/downstairs in a block will depend upon you meeting the "can be treated as a separate property" (or whatever the actual wording is) as per the act.

This will be considered just as the bricks and mortar part, any issues over shared access to gardens/drive wont change the answer, though obviously this will make operating the management difficult.

Is there a rerason why you can't enfranchise as a block of 10 (you will need 6 leasholders to agree, to do this)

jamie11

I agree with Tim, get a majority vote and go for the 'Right to manage', I'm not an expert on this but I believe the request cannot be refused.

propertyman

There is not huge benefit in RTM here as the ground rent will still be due and if the lease requires the landlord to insure and tenant to pay, then that is the only saving as it seems the maisonettes are full repairing otherwise.

As a member "in another place" recently found they went RTM and without the protection of the landlords block policy of many properties their insurance went up !

Check the current policy premium and claims history and look at insurance and see if the hassle of RTM is really any saving at all.

As one property is over another then you cannot buy the freehold of your property. As long as, as Tim says, there is verticality in that the two units can be treated as vertically separate in all respects from their neighbours on either side you can enfranchise together, jointly owning the freehold of your bit.

Prof_Ligate

Thanks all.

It now appears that the two on one end have already bought out of the freehold leaving just 6 of us so that confirms that one set can buy without the others.

I am wavering between buying the freehold with upstairs or just extending the lease as my neighbour is a bit of an !!!! and the thought of signing up to something with him doesn't really appeal.

Maybe I should bite the bullet and get in a surveyor who can price up the cost of extention and give an estimate for buying the freehold as a set of 2 and/or as a block of 6. This is hurting my head!:p

blckbrd

Your lease should define your block i.e. the extent of the freehold you're thinking of buying.

Your lease will also tell you whose responsibility it is to arrange building's insurance. If it's the landlord's you have to go with it.