Share of freehold uncoperative neigbour

Yasmin02

Hello Everyone

Thanks for everyones kind messages. The lady upstaris called me today and wehave conversation and she seemed ok. We have decided to get a few quotes and then decide which one to go with. She has now given me her home address and contact details so i feel a bit better about it now!! She als told me that the managing agent had not passed on any of the messages....i managed to get her number from the freeholder which was good. So i am quite relived now really But i am going to see LEASE tommorow i have an appointment with them to discuss my lease and the sare of freehold as well which should be intersting and I will let you know how I get on.

I was going to just go ahead with tbe work and puruse it afterwards if I had not heard from her by the close of play today.

Yasmin

cattie

Glad you got it sorted Yasmin & that the other leaseholder sounds very agreeable rather than the ogre the agents were trying to make out.

olly300

Yasmin02 do yourself a favour and try and keep on good terms with your other potential freeholder. So try and give her as much notice as possible about fixing things etc. That way if you have problems with the tenants you can talk to her directly rather then go through the LA.

Yasmin02

Hello All

Thanks OLLY300 yes I will try and keep on good terms with her. I have spoken to her this yesterday morning regarding the guttering and she said thta tshe would drop off the money for me by Sunday so thats good. But the guttering people also noticed some problems with the roof so I will need to talso talk to her about this as well.

However. i went to see LEASE on Friday to talk to them about my share of freehold etc as we have been sent a section 5 notice. When I was speaking to the advisor he was telling me that he thinks looking at it from a legal point of view me and my neighbour have to jointly responsd to the notice not indivudually. When he looked at the condition of sale it refers to the freehold and what he was saying is that I can't just purchase 50% of the freehold as it would be me and the landlay upstairs purchasing it togehter. But obvioulsy she does not live there and we both have seperate solicitors. However, what he did say was that once the notice has run out then what could potentially hapen is that the lady upstaris could buy the full freehold on the open market and not me. I am going to have to speak to my solicitor on momday as it was my understanding that the condition of sale was 50% purchase of freehold so I was really confused when I left LEASE on Friday night. Can anyone shed any light on this?

Kind Regards

Yasmin

cattie

It's correct that you as an individual can't just purchase a 50% share of the freehold. A freehold has either to be jointly bought by the other leaseholder/s so that you both then own a share of the freehold. Or the whole freehold can be bought by just one leaseholder if the other leaseholder doesn't wish to purchase.

I would imagine the advisor from the lease-advice place is telling you that once the notice has run out that the other leaseholder could have the option to purchase the freehold alone as I believe she would have the legal right to obtain the freehold as she would have owned the flat for 2yrs & would have first refusal.

Yasmin02

Hello

Thanks Cattie for your comments. SO basically I wonder why my solicitor never advised me of this. So if I respond and say that I wish to be purchase my share of the freehold and then the lady upstairs dos not respond then i am stuck then I would have to buy the freehold myself? I have spoken to the vendor who i bought the property from and she has told me that if it came to it she would negotiate the whole freehold with me rather than give the full freehold to the lady who rents the flat upstairs. The person who bought the flat off also said that if she does not wish to purchase her half then she will sell the other half to a managing agent as such. Now i am really worried that I am not going to be able to purchase my share of the freehold?? Should I now take more legal advice?

Thanks very much

Yasmin

Doozergirl

You have to purchse the entire freehold either collectively or individually. You can only by the entire freehold if upstairs doesn't want her share, she can only purchase the entire freehold if you don't want your share.

You form a company which purchases the freehold and then you own equal shares in the company.

You cannot buy half and then an agent or other buy the other half because a company needs to be formed to purchase it. The freeholder cannot sell the entire freehold for any less than she has offered it to you and your neighbour for. If she wants to sell for cheaper to anyone (including you alone) then she will have to offer it again to the both of you at the cheaper price.

Your freeholder has less knowledge than you do. You need to chat to your new friend upstairs, talk about the price etc. and then it probably needs to start going through solicitors - if you do buy the freehold together, then perhaps your solicitor would be better as they have recent knowledge of the property.