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Tyneside flat-can he do this?
Comments
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Could anybody tell me whether putting in a kitchen is classed as structural alterations please?
Thanks0 -
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I’m interested as to why you say it would cost me dearly if I carry on? Please could you explain?0
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I'm unclear ... are there now 2 kitchens instead of one??? however pull out this could get very complicated and drawn out or at least prolong exchange until everything has been explored ...for me it would be a no no0
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No there are two now. He’s turned the top floor of his maisonette into a separate flat with a little kitchen and bathroom. There’s only one family inside at the moment but he said he wants to sell the maisonette as two separate properties.
I really do need this flat tbh for my caring role or I’ll be renting forever. I know it’s complicated but it might hopefully just be a case of me saying he can’t do it. End of. And he’ll sell it as one maisonette.0 -
Because it might come down to a lengthily court battle between you as the new freeholder and the upstairs leaseholder to resolve the situation.I’m interested as to why you say it would cost me dearly if I carry on? Please could you explain?
If you dob him to the council the council could issue order to remove the alterations done without planning permission and it will be up to you as the Freeholder to fix them, then looking to recoup costs from the upstairs Leaseholder for breaching the Lease.
Sounds like a giant can of worms.
BTW it's a bit unclear are you purchasing the entire Freehold or share of it, with the other share owned by the upstairs neighbour?0 -
Sounds grim! Am I right in thinking that (theoretically) you could both end up requesting ground rent from each other for the two different flats?
If it's in South Shields then just buy mine!0 -
So I’d be the freeholder of the maisonette and he’d be the freeholder of my ground floor flat. It’s only peppercorn ground rent.
So I have a choice:
1. Leave it and when he comes to sell, he won’t be able to sell it as 2 properties anyway without my permission.
2. Accept a big payment if he offers and he’s allowed to split into 2 with my consent.
3. Walk away.
Does that sound about right?
Sorry, South Shields too far!!0 -
Bear in mind that if you're buying with a mortgage, you can only go ahead if your solicitor is prepared to sign off to your lender too - the lender won't necessarily be prepared to take a view on it even if you are.So I’d be the freeholder of the maisonette and he’d be the freeholder of my ground floor flat. It’s only peppercorn ground rent.
So I have a choice:
1. Leave it and when he comes to sell, he won’t be able to sell it as 2 properties anyway without my permission.
2. Accept a big payment if he offers and he’s allowed to split into 2 with my consent.
3. Walk away.0 -
I might be missing something, but most likely you haven't understood the situation correctly.So I’d be the freeholder of the maisonette and he’d be the freeholder of my ground floor flat. It’s only peppercorn ground rent.
So I have a choice:
1. Leave it and when he comes to sell, he won’t be able to sell it as 2 properties anyway without my permission.
2. Accept a big payment if he offers and he’s allowed to split into 2 with my consent.
3. Walk away.
Does that sound about right?
Sorry, South Shields too far!!
The Freehold is for the whole building, there are no 2 freeholds. Normally in such split flats the 2 owners have 50% of the Freehold and each has the Leasehold to their respective property. But the Freehold is not specifically attached to their floor/part of the property, it's not how it works.
If for whatever bizarre reason there are actually 2 Freeholds and you each own each-other's Freehold, this is a ridiculous setup.0
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