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!

Purchase of lease - help needed

g1ose
g1ose Posts: 28 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 29 January 2015 at 9:58PM in House buying, renting & selling
Hi all

I currently own a flat in a converted house. There are 4 flats in total and we all pay a management company for service and ground rent. The current freeholder has asked the management company to redecorate as it's been a while (fair enough) but the management company seem less than keen to provide any information they don't legally need to and this makes me concerned as already the service charge is extremely high for the property.

I'm looking at reaching out to the other owners to see if they would be interested in joining me and taking back the freehold and owning the freehold shares equally.

The questions I have are:
As I understand it if I can convince one of the other owners to do this we should be allowed. (50%)
If I do and we pay our dues for the freehold. What happens to the other 2 owners? Do we have to pay theirs if they refuse? If not how is the ownership worked out?
Can the freeholder block this anyway?
If we start this process can we stop the current works from happening?

Many thanks for your help in advance.

Comments

  • anselld
    anselld Posts: 8,688 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 30 January 2015 at 7:09AM
    Suggest you start by getting the terminology right or it will be very confusing.
    The four flat owners are "leaseholders".
    The freehold is owned by the "freeholder".
    The management company works for the freeholder but is funded from the service charges paid by the leaseholders.

    What is it you want decorated? Communal areas?

    Edit: OP now edited with correct terminology, thanks.
  • g1ose
    g1ose Posts: 28 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    OK thanks.

    I actually don't want anything decorated at this stage, the management company are trying to force through a full external decoration of the property just because 'its been a while' rather than it needs it.

    This has led me to start looking at taking the freehold over to manage it myself with other owners.

    I want to take over the freehold, but I'm unsure what happens in the process.
    For example, if I can convince only 1 other leaseholder to go in, I understand I can progress this, but does that mean we own it 50/50 and if so what happens to the other 2 leaseholders?
    If I have to pay say £3k for the purchase of the freehold, and the other owner also does, do we then have to pay off the other 2 owners share of the freehold?

    Thanks
  • Have you read this
    http://www.lease-advice.org/publications/documents/document.asp?item=11

    It outlines the process. You and the other leaseholder would buy the entire freehold so if valued at £3k per flat and there's 4 flats that would be £12k in total.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Are you sure it is the frehold you want to take over (buy), or management of the building?

    Read all the relevant pages in the link trckydicky has posted above.
  • g1ose
    g1ose Posts: 28 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks TrickyDicky101, thats useful, I had struggled to read that document and pinpoint the fact that indeed the full cost would be shared between the active parties. Does that also mean then the ownership of the freehold would be 50/50 as apposed to 25% each?

    G_M I think both, although the management would be a good start, the freehold would add value to the property come the time to sell.

    Thank you
  • shopbot
    shopbot Posts: 1,022 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    How many years left have you got on the Lease? Buying the Freehold can be very expensive. A cheaper option is to extend it by another 99 years.

    SB
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 30 January 2015 at 1:59PM
    g1ose wrote: »
    OK thanks.



    I want to take over the freehold, but I'm unsure what happens in the process.
    For example, if I can convince only 1 other leaseholder to go in, I understand I can progress this, but does that mean we own it 50/50 and if so what happens to the other 2 leaseholders?
    If I have to pay say £3k for the purchase of the freehold, and the other owner also does, do we then have to pay off the other 2 owners share of the freehold?

    Thanks
    There are currently 6 different legal entities:
    * 4 leases (owned by the 4 flat owners)
    * 1 freehold (owned by a company, or Jo Bloggs, or anyone)
    * 1 management company

    If the freehold is going to cost, say, £12K to buy, and only 2 people wish to buy it, then
    * they will pay £6K each and
    * they will own 50% each

    The buyers in this case seem to be 2 of the leaseholders, but that is not necessary. It could be anyone. After the deal there will still be 6 legal entities

    * 4 leases (unchanged
    * 1 freehold (now jointly owned by 2 people - presumably 2 of the leaseholders)
    * 1 management company (unchanged
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.4K Spending & Discounts
  • 245.4K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.