Tyneside flat-can he do this?

Bambi74

Hi I hope someone can help me. I’m about to exchange on a ground floor flat and the owner of the maisonette above has told me he is wanting to sell his maisonette as 2 titles-he’s converted the top floor into a separate flat with kitchen, bathroom etc.
My solicitor has told me he can’t do this as it’s breaking the leasehold. He shouldn’t be carrying out any structural changes or have More than one family living in there under the terms of the lease.
They are Tyneside flats so I will have the leasehold for the ground floor flat. I’m really worried about getting into a dispute before I’ve even moved in. Could someone please help? Thanks!

zagubov

Does this mean you're buying the leasehold for the ground floor flat (and the freehold for the top floor flat) while the upstairs neighbour owns your freehold and his own leasehold?

This conversion sounds like it could get complicated. Did your vendor (the nieghbour's freehold owner) grant him permission for the conversion? Did the council (if necessary)?

Can his property (or the upstairs neighbour's) remain as a Tyneside flat? Do you end up owning two freeholds rather than one? Is that legally allowable?

Sorry this is more questions than advice, but hopefully more posters will come along with some answers.

unforeseen

https://en.m.wikipedia.org/wiki/Tyneside_flat

Bambi74

Thanks for replying! Yes so, I will own the leasehold for downstairs and the freehold for his. And vice versa.
My solicitor has checked out the title etc and found no planning permission from the council and the current vendors didn’t know he was converting it.
I’m not sure whether putting in a little kitchen in the maisonette classes as structural work? I thought it was only one family allowed per property?
His maisonette only has 63 yrs left on it too so it’d need a lease extension. Mine is 999 yes or something.
He said he’s planning on selling it as two properties upstairs-2 flats.
I thought he’d need the freehold of the whole building and my permission to do this? Thanks -any help appreciated!!

eddddy

Bambi74 wrote: »

My solicitor has told me he can’t do this as it’s breaking the leasehold. He shouldn’t be carrying out any structural changes or have More than one family living in there under the terms of the lease.

So I guess you will be the freeholder of the upstairs maisonette - and it's the leaseholder of the upstairs maisonette who wants to do the subdivision.

Normally...

• a) A lease will not allow the leaseholder to do a subdivision

• b) BUT... it's often possible for a freeholder to say to the leaseholder "Pay me a big chunk of cash, and I'll agree to vary the lease, so that you can do a subdivision"

• c) OR... a freeholder can simply say "No - you cant do a subdivision"

If the leaseholder does the subdivision without the freeholder's consent - the subdivided flats will be unsaleable - so that's unlikely to happen.

So you need to find out the current situation...

• Has the seller given consent (maybe in return for a big chunk of cash)?

• Or will you be asked to give consent (maybe in return for a big chunk of cash)?

OR... there may be something in the lease(s) which makes giving consent completely impossible.

PasturesNew

He cannot split his in half without the freeholder's agreement.

Oops.

Bambi74

Thanks-my solicitor is double checking that the current owners haven’t given consent but she’s sure they don’t know.

I just don’t want two flats above me -their stairs will run straight over my son’s bedroom and I’m sure there’ll be more noise. Do I just go to the council about this? Btw do you know if putting in a kitchen is classed as structural changes?

I’m sure the Tyneside flats aren’t allowed to be sub divided unless the whole building is freehold.

I’m just worried about disputes etc. If I say no and he goes ahead anyway then I’ll have to get legal advice etc.
Thanks

AnotherJoe

Why not just pull out ?

Bambi74

It would seem the sensible thing to do but this flat is perfect for me to continue caring for a family member who lives in the ground floor flat opposite.

eddddy

Bambi74 wrote: »

Do I just go to the council about this?

You could do - but the upstairs leaseholder might then apply for planning consent and might get it.

Bambi74 wrote: »

I’m sure the Tyneside flats aren’t allowed to be sub divided unless the whole building is freehold.

"Allowed" by whom?

A leaseholder can do whatever their lease allows them to do - whether they have a Tyneside flat or any other flat.

And, as I mention above, if there's something that the lease doesn't allow, the Freeholder and Leaseholder can generally agree to change the lease, so that it is allowed.

Bambi74 wrote: »

I’m just worried about disputes etc. If I say no and he goes ahead anyway then I’ll have to get legal advice etc.

Yes - that's why it may be better for the seller to get this matter resolved.

(But the seller might give consent for the flat to be sub divided - in exchange for a payment.)

Bambi74

Oh dear. We are very close to exchanging, they have found a place to move to and I’ve signed ready to exchange! This has surely thrown a spanner in the works.