Expiring Lease

AdrianC

LiamNorthEast wrote: »

My mother has near full mental capacity just virtually no energy which isn't going to change

I know it's been said already, but this cannot be stressed enough. Get going on putting PoA in place NOW. Today. Not tomorrow. Not Monday. Definitely not Tuesday or later. This is your grade A, number 1 top priority.

https://www.gov.uk/power-of-attorney


Without that in place, allowing you to be your mother (the leaseholder's) mouth, then the council do not have to talk to you at all. In fact, it would be illegal for them to do so.


Think of a lease as a very long rental. Your mother bought the right to occupy the property, for two quid rent per year, until the expiry. That expiry is now imminent. On the day after, you have absolutely zero legal right to remain there. The property reverts back to the freeholder.


Think of it as very like leasing a car for three years. At the end of the lease, the car goes back to the finance company.

LiamNorthEast

A 3 bedroom semi-detached house with garden

theoretica

If you/your mother are acquiring the freehold you would have a mortgageable property, so not just considering if you have the cash, but if you could get and afford a mortgage or loan.

The ground rent rise will be to real money, not just large in comparison to £2.



So, yes you need expert advice. I suggest you contact the charity Shelter and see if they can put you in touch with someone appropriate.

HampshireH

Selectively responding to some points and not others just frustrates contributors.

Get your POA in place. The council should not be discussing this with you and a solicitor will only be able to advise in generic terms because you are not the leaseholder.

Are you an only child (albeit adult child)?

LiamNorthEast

"Selectively responding to some points and not others just frustrates contributors." Is that a forum faux pas? forgive me!

"Are you an only child (albeit adult child)?" No I have a younger brother & older sister, they also like my mother have not lived at the property for decades and will not be returning.

I tried to post pic of deed but being a newbie not allowed.

HampshireH

The reason I asked about siblings was to establish any possible inheritance years down the line.

If you pay to extend the lease or buy the freehold for your mum you are investing money in the property.

If you all jointly inherit & have to sell you will need something legal in place so you get your money back. Otherwise you could lose it.

Likewise if your mum was to sell it or it was repossessed you lose your cash. There wouldn't be any protection.

xylophone

my mother is hopefully not checking out anytime soon,

She should still make a will.

She currently owns a leasehold property and will continue to do so after the lease extension.

Does she wish you alone to inherit it?