Creating an additional 1 bedroom self contained flat in my leasehold maisonette

HampshireH

Your previous posts suggest the freeholder is not the owner of the flat above, so confirming a third party?

You obviously had these plans when buying to already have lined up an architect - therefore have you also factored in the costs?

Did you consider these points on purchase or speak with your solicitor as it's an expensive buy if the answer is no and this was your sole intention when buying?

You do seem to think the freehold purchase is a given but as others have said..... Why would they?

davidmcn

AdrianC said:

Of course you can ask the freeholder if they'd like to sell.

That's not the same as them having to sell to you.

And it's certainly not going to be any cheaper than merely getting their consent to the works you're proposing.

wilfred30

You seem to be going about this completely the wrong way round.
There's no point paying an architect to draw up plans if you haven't even discussed your plans with the freeholder, who is under no obligation whatsoever to grant you permission or sell you the lease.

alikorkmaz123

@davidmcn @wilfred30  I haven’t actually paid the architect yet, I have just spoken to them and they have come around and had a look. So the architects haven’t actually started the work they are waiting for me. My actions now will be to contact the freeholder and speak to him, the freeholder is the freeholder for both my flat and the flat above (only two flats/maisonette in the building). See what he says, I think the freeholder is an elderly gentlemen and he has already made good amount of money from my purchase because he charged the previous leaseholder 32k from the money I paid to the previous leaseholder for an 99 year add on to the current lease and reduced the ground rent to peppercorn. The freeholder will then need to notify the other leaseholder (flat upstairs) of my intention of buying the freehold and as the leaseholder hasn’t extended their lease I don’t think they will be in a position to buy a share of the freehold. So if the other leaseholder isn’t interested in buying a share of the freehold and the current freeholder is willing to sell the whole freehold, can I purchase it? 

Thanks again 

Slithery

alikorkmaz123 said:

So if the other leaseholder isn’t interested in buying a share of the freehold and the current freeholder is willing to sell the whole freehold, can I purchase it? 

Thanks again 

Yes, but you are still completely missing the point. Why would the current freeholder want to sell to you at all if they don't have to? The only reason is lots and lots of money, they can ask for however much they want to and if you refuse to pay then your grand plan just isn't going to happen.

alikorkmaz123

@Slithery I think you may be wrong there, he can’t ask for what ever amount he wants. There’s a calculation method and if he asks for too much, then you get a independent surveyor to get the price. From what I read as well, you will need 50% of the flats in the building to come together to buy the freehold and me by myself is 50% of the flats as there is only 2 flats. So I don’t see why I can’t buy the freehold and he can’t just charge whatever he wants, there’s a way or calculating the value of the freehold. 

HampshireH

alikorkmaz123 said:

@Slithery I think you may be wrong there, he can’t ask for what ever amount he wants. There’s a calculation method and if he asks for too much, then you get a independent surveyor to get the price. From what I read as well, you will need 50% of the flats in the building to come together to buy the freehold and me by myself is 50% of the flats as there is only 2 flats. So I don’t see why I can’t buy the freehold and he can’t just charge whatever he wants, there’s a way or calculating the value of the freehold. 

He might not want to sell.

How much are you expecting to pay based on your calculations

bolwin1

alikorkmaz123 said:

@Slithery I think you may be wrong there, he can’t ask for what ever amount he wants. There’s a calculation method and if he asks for too much, then you get a independent surveyor to get the price. From what I read as well, you will need 50% of the flats in the building to come together to buy the freehold and me by myself is 50% of the flats as there is only 2 flats. So I don’t see why I can’t buy the freehold and he can’t just charge whatever he wants, there’s a way or calculating the value of the freehold. 

This is incorrect - see the last sentence in section 2 on this page - https://www.lease-advice.org/advice-guide/ce-getting-started/
"It should be noted that where there are only two flats in the building, both flats of qualifying tenants must participate".

alikorkmaz123

HampshireH said:

alikorkmaz123 said:

@Slithery I think you may be wrong there, he can’t ask for what ever amount he wants. There’s a calculation method and if he asks for too much, then you get a independent surveyor to get the price. From what I read as well, you will need 50% of the flats in the building to come together to buy the freehold and me by myself is 50% of the flats as there is only 2 flats. So I don’t see why I can’t buy the freehold and he can’t just charge whatever he wants, there’s a way or calculating the value of the freehold. 

He might not want to sell.

How much are you expecting to pay based on your calculations

@h@HampshireH From the couple of online calculators I’ve used, for my share is around £1-3k But for the other flat is around £20-23k because they have only 57 years left on the lease, so the total freehold price is around £21-26k

zagubov

Does this mean that if both leaseholders buy the freehold, the OP could agree with his upstairs neighbour for s cheap lease extension in exchange for permission to develop the OPs property?
Edit:cross-posted with the OP. No's the answer to that.

Unless you both share the cost, agree the development, but leave the current freeholder in the dark about who's paying and what your plan as are.