Tyneside flat-can he do this?

eddddy

sal_III wrote: »

I might be missing something, but most likely you haven't understood the situation correctly.

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.

You are missing something - it's a Tyneside Lease, also known as a criss-cross lease.

You can read about them here: https://www.lease-advice.org/article/tyneside-leases-a-brief-overview/

Bambi74

Thanks, so do you think they are my three options?

sal_III

eddddy wrote: »

You are missing something - it's a Tyneside Lease, also known as a criss-cross lease.

You can read about them here: https://www.lease-advice.org/article/tyneside-leases-a-brief-overview/

Live and learn.

Sounds like even bigger nightmare in this scenario, whit that upstairs neighbour.

eddddy

Bambi74 wrote: »

Thanks, so do you think they are my three options?

TBH, I'd have thought a stern letter from the current freeholder/seller (or you, if/when you become freeholder) to the leaseholder saying something like this might help sort it out:

"You're in breach of your lease covenants. If you don't stop doing this, I'll start taking court action to forfeit your lease."

i.e. The leaseholder could have their lease taken away without any compensation.

The leaseholder would be very daft to risk losing their maisonette over this.



Although, TBH, they must be very daft anyway, if they think they can convert a maisonette into 2 flats and sell them - without freeholder consent, without planning consent and without building regs sign-off.

(Are you absolutely sure the leaseholder is doing all this without the freeholder's/seller's consent? If so, it really is a stupid thing to do.)

parkrunner

Bambi74 wrote: »

I’m interested as to why you say it would cost me dearly if I carry on? Please could you explain?

It will cost you mentally and very possibly financially as this will take a very long time to sort out through the courts.

RuuElisa

Your other problem is that there is nothing realistically stopping him (or a new owner) from letting one floor to someone else, meaning that regardless of permission or legality you'll have the stomping foot traffic that you are concerned about.

Yes, people have pointed out how you, the current owner or the council can try to put a stop to all of this via legal channels, but do you really want the hassle and possible legal costs, AND do you also want the misery of sharing a building with someone that you've got a legal dispute with? Nobody wants to live with an enemy.

You have an out right now, get out while you can. It's not the perfect flat when you have a crystal ball of big problems ahead.

Bambi74

I guess I just thought that he wouldn’t be able to sell it as two separate flats which is what he was intending to do. Without my consent he is powerless to do it.

GrumpyDil

Yes but you will end up living in a situation where you're involved in a row/legal dispute with your upstairs neighbour. Whatever the rights and wrongs and legal options that is not a situation I would want to walk into.

Bambi74

Yes, I guess so. It’s just so hard as this flat is perfect in every other way.

AnotherJoe

Just consider it no different to the flat being perfect except for one other big issue that ruled it out, say the survey said it needed £25k of disruptive works to fix subsidence or something like that, and move on (rather than in ).

On the upside at least you have discovered this now rather than after you moved in, if you are caring for your mum you dont want to take on a massive row with your neighbour (who can make your life very awkward with bad tenants and so on) plus a complex and costly legal case.