Any potential to be successful in buying the freehold?

leafy211

I live in an annex building consisting of two flats, to the main building consisting of 25 flats.  There are a couple of minor areas where the two buildings join, but effectively my building forms the end of a row of terraced houses (the main block is a detached building, except where it touches my building). Both buildings are reached through the residents car park gate, so we are effectively a gated community.  All leaseholders have a share in the company that manages the flats.  We are 30 years or so into a 999 year lease.  I wondered, if I were to purchase the flat above me, whether it would be likely I could successfully apply for the freehold of my annex building.  The reason Id love to be freehold is because the residents that form the board of the management company and the third party management company they employ, drive me insane with their total ineptness. (I did apply to become a board member but was turned down as Im seen as contrary - although all that means is i ask questions, which doesnt go down well).  Any thoughts at all, would be hugely appreciated.

blue_max_3

I'm not sure this type of thing is about opinion. You would need to put your request to the freeholder and see what they say.

leafy211

hi blue max.. I wouldnt want to alert the directors of the freehold company (of which i am an equal shareholder) to anything ideally, before i have a bit of a sense whether it might even be feasible.  Im assuming there must be some legal guidance on this sort of thing .. hopefully! ;-)

eddddy

It sounds like the part of the building you describe could qualify - because it is divided vertically from the rest of building.

The relevant part of the Leasehold Reform, Housing and Urban Development Act 1993 says:

[A premises qualifies if]

(a)they consist of a self-contained building or part of a building and the freehold of the whole of the building or of that part of the building is owned by the same person;

[and]

(a)it constitutes a vertical division of the building and the structure of the building is such that that part could be redeveloped independently of the remainder of the building; and

But it sounds like there is a communal gate, car park etc which you share with leaseholders in the other part of the building - and presumably, you have to pay a service charge to the management company for maintenance.

So even if you buy the freehold, those will continue to be communal areas, and you will still have to pay a service charge to the management company for maintenance.

leafy211

Thanks Eddddy, that does then indeed sound like it would qualify.  Yes agreed, gate and car park service charges would still be payable, which would be absolutely fine.  It would just be a total joy not to have to deal with the ignoranuses for anything more than that :-).  Thanks again!

eddddy

If you want to read the full qualification criteria for a building etc in  the Leasehold Reform, Housing and Urban Development Act 1993, it's in Section 3 "Premises to which this Chapter applies"

See: https://www.legislation.gov.uk/ukpga/1993/28/part/I/chapter/I/crossheading/preliminary/enacted?view=plain

(As you probably know, if all the terms of the act are met, you have the statutory right to compulsorily purchase the freehold. You don't need the consent of the freeholder.)

leafy211

fantastic, Ill have a read over the weekend.  Thank you so much once again.  Take care