Leasehold bought by new company - needing information about insurance/alterations?

Slithery

serendipity109 said:

So....if they were to find out it had been extended 50 years ago, can they up the ground rent?

No.

eddddy

They cannot put up the ground rent.

But...

serendipity109 said:

....and also not to make structural alterations to existing buildings, which goes without saying.

 If openings have been cut in external walls for the extension (e.g. doors, open plan rooms), that might count as structural alterations. You're probably OK from a legal perspective, but there may still be some disputes about it - perhaps with demands for consent fees and/or a premium by the freeholder.

One approach might be to avoid answering the question about alterations, but asking how much they want for selling you the freehold. 

serendipity109

 If openings have been cut in external walls for the extension (e.g. doors, open plan rooms), that might count as structural alterations. You're probably OK from a legal perspective, but there may still be some disputes about it - perhaps with demands for consent fees and/or a premium by the freeholder.

One approach might be to avoid answering the question about alterations, but asking how much they want for selling you the freehold. 

But how could they or I prove permission wasn't sought. Knowing my dad I cannot see him doing anything wrong and feel he would have gone down the right route but I have no proof.
The 70's extension did involve adding on and removing an external wall, but most of them do!

eddddy

serendipity109 said:

But how could they or I prove permission wasn't sought. Knowing my dad I cannot see him doing anything wrong and feel he would have gone down the right route but I have no proof.

The 70's extension did involve adding on and removing an external wall, but most of them do!

They'd ask for a copy of the permission document.

Perhaps you'd say it's lost. But their argument might be.... If such an important document existed, it would have been looked after carefully - perhaps with the lease.

(It would be a very important document, because it allows you to do something which is forbidden in your lease.)

So on the balance of probabilities.. it's likely that it never existed.

There are a number of other legal issues which could work in your favour, but as you can see, this might get messy. It's better to try to avoid getting drawn into the discussion, if possible.

NameUnavailable

If they bought the freehold presumably they have the historical information on the properties.....

I would confirm that you have buildings insurance and leave it at that. They must invoice you for the ground rent, don't just pay it regardless.

NameUnavailable

serendipity109 said:

Living in a property owned outright by me, has been in the family since the 1950's.
Leasehold is a peppercorn of £3.25,

You're living in a property which you own a lease for. You don't own the property at all. You own a piece of paper that allows you to live in the property for X years as long as you adhere to the terms of the lease (paying ground rent, maintenance etc. as required by the lease). Peppercorn rent is literally a peppercorn. If any sum of money is involved it's not peppercorn (peppercorns never being exchanged it effectively means no charge).

davidmcn

serendipity109 said:

So....if they were to find out it had been extended 50 years ago, can they up the ground rent?

Only if your lease says so. Which would be unusual. And you've already told us "it does not state they are allowed to increase".

I suppose it's possible they might be looking for excuses to demand fees for retrospective consents to things which haven't previously been consented to, though I'm not sure how enforceable such demands could be after 50 years.

serendipity109

It would be a very important document, because it allows you to do something which is forbidden in your lease.)

So on the balance of probabilities.. it's likely that it never existed.

There are a number of other legal issues which could work in your favour, but as you can see, this might get messy. It's better to try to avoid getting drawn into the discussion, if possible.

To be honest at that time I think the next door neighbour at one time owned the lease and it would have been a very informal affair most likely word of mouth and back in the day things were very different then. I couldn't possibly prove this!