Leasehold house - dissolved freeholder

claireew29

Hi - just asking for any advice regarding leased house that Im struggling to sell.
History - new build house bought 14 years ago on a 999 year lease. The lease was with a management company that were dissolved 10 years ago. Land is owned by the local authority.
The management company looked after a small patch of grass at the side of a shared carpark. There is also a shared drive into the carpark.
My house sold to 1st time buyers. Who then on the advice of their solicitor advised them to not go ahead with purchase a week prior to contracts being exchanged. This was despite knowing there wasn’t a management company from the offset - many of the covenants involve the management company.
House has now sold again but obviously Im worried the same is going to happen. The conveyancer feels that indemnity insurance should help but if the house doesn’t go through again where do I go from here?
Many thanks

Smodlet

Hi. Have you explored the possibility of buying the freehold (and the implications of doing so) either yourself or to give this information to your prospective buyer? I know their solicitor should be able to do this but, if you have the information to hand, it might speed things up, possibly. Just a thought.

claireew29

Thank you - the problem is is that I don!!!8217;t know who to approach to buy the freehold as the lease was with a dissolved management company.

Smodlet

I will admit I know next to nothing about leasehold as I would not touch it with a bargepole, myself but am sure someone with useful knowledge will be along in a while. In the meantime, perhaps you could check out the Land Registry's website as a starting point. I have read on this forum that one can find out all sorts of things from them for a £3 fee. HTH a little bit.

AdrianC

claireew29 wrote: »

Hi - just asking for any advice regarding leased house that Im struggling to sell.
History - new build house bought 14 years ago on a 999 year lease. The lease was with a management company that were dissolved 10 years ago. Land is owned by the local authority.

And the freeholder haven't appointed another management company in that decade?

The conveyancer feels that indemnity insurance should help but if the house doesn’t go through again where do I go from here?

Hopefully, you'll simply find buyers who are less nervous, or have a more sensible solicitor. But you could lean on the LA to appoint new managers, or investigate Right to Manage. You will need to involve other leaseholders on the estate, though - the grass and carpark are effectively the common areas of a block of flats.

eddddy

claireew29 wrote: »

Thank you - the problem is is that I don't know who to approach to buy the freehold as the lease was with a dissolved management company.

That won't stop you buying the freehold (or enfranchising) - you have a statutory right to do that, assuming you qualify.

You need to make 'reasonable efforts' to find out who the freeholder is, but if you can't there is another route:

Here's some info: https://www.lease-advice.org/faq/i-own-a-leasehold-house-my-freeholder-has-gone-missing-what-do-i-do-if-i-wish-to-acquire-the-freehold/

More info here: http://www.fridaysmove.com/vesting-orders-explained-how-buy-freehold-where-your-landlord-missing/285

(Note: I'm not recommending the company in that second link - I don't know them. But the info on their website seems useful.)

claireew29

Thanks Smodlet and Adrianc

No no management company has ever been appointed - the council haven!!!8217;t ever collected the £10 a year ground rent.
I did look at right to manage, very briefly, and google informed me that it only applies to flats but i!!!8217;ll do some more investigating.
It is such a ridiculous situation. There are only about 5 houses on an estate of approximately 50 that are affected by this just because of a shared carpark..

AdrianC

claireew29 wrote: »

It is such a ridiculous situation. There are only about 5 houses on an estate of approximately 50 that are affected by this just because of a shared carpark..

Ridiculous right up until the point that the car park is inaccessible or somebody unknown has filled it with dumped cars or it's got three caravans in residence...

claireew29

Thanks v much edddy - i!!!8217;ll have a look at those links you!!!8217;ve supplied

claireew29

But would a management company even do anything about that - they don!!!8217;t own the land they manage it?
Luckily you couldn!!!8217;t get a caravan or anything big in there - you access the car park by going under one of our bedrooms. Its a very discrete little carpark tucked away from public view
(Come on I need help and encouragement not worst case scenarios )

eddddy

claireew29 wrote: »

No no management company has ever been appointed - the council haven't ever collected the £10 a year ground rent.

The council? So is the council your freeholder? If so, that's who you buy the freehold from.