Sell leasehold but retain freehold - without other f/h sign?

jeaster1

Hi,

I own a flat (ground floor) with share of freehold with another flat (1st floor).
Owner of that flat is near to impossible to reach. Is it possible for me to sell my flat as leasehold and retain the freehold without the other freeholder signing documents to complete the sale?
There is no ground rent or service charges.
It took so long to get any response from other freeholder for last buyer - who pulled out last week. Want to avoid this for next time. Offering money etc. makes no difference.

greatcrested

Your buyer of the lease will always want confirmation from th freeholder that all charges etc are up to date, that no major works are planned, that the buiding is insured etc etc.

Understandably, where one of the joint freeholders is also the leasehold seller, they will want these reassurances from the other, independant, joint freeholder....

jeaster1

greatcrested said:

Your buyer of the lease will always want confirmation from th freeholder that all charges etc are up to date, that no major works are planned, that the buiding is insured etc etc.

Understandably, where one of the joint freeholders is also the leasehold seller, they will want these reassurances from the other, independant, joint freeholder....

Thanks -  that makes sense. I could provide evidence that it is insured but would struggle to provide reassurances in the form of an LPE1. If I could do that, I'd just sell it with the freehold.
If I explained the situation (him being in prison indefinitely abroad with a letting agent and his wife, who is not on the title, managing the property for him) before somebody bought it, then maybe they would be happy to proceed without these reassurances - if brave enough to buy at all?

greatcrested

Ah! Yes I recall. Was there not talk of him granting his wife POA?

jeaster1

greatcrested said:

Ah! Yes I recall. Was there not talk of him granting his wife POA?

That's right but conveyancer has since said both him and his wife would need to complete ID1 forms, even if she had POA. Getting a passport sized photograph of him for the form could prove very tricky.

greatcrested

Hmmmm and getting ID1 counter-signed by a solicitor....?

davidmcn

jeaster1 said:

greatcrested said:

Ah! Yes I recall. Was there not talk of him granting his wife POA?

That's right but conveyancer has since said both him and his wife would need to complete ID1 forms, even if she had POA. Getting a passport sized photograph of him for the form could prove very tricky.

Yes, but an attorney could still confirm matters on his behalf in the LPE1, surely? The ID1 would only be relevant for transferring the freehold.

jeaster1

davidmcn said:

jeaster1 said:

greatcrested said:

Ah! Yes I recall. Was there not talk of him granting his wife POA?

That's right but conveyancer has since said both him and his wife would need to complete ID1 forms, even if she had POA. Getting a passport sized photograph of him for the form could prove very tricky.

Yes, but an attorney could still confirm matters on his behalf in the LPE1, surely? The ID1 would only be relevant for transferring the freehold.

I did not know that but it could help out - thanks.