Right of first refusal

malikfariha

I am freeholder of a building having two maisonettes, one in the upper stairs and one downstairs. I own the freehold of the whole building as well as the top floor maisonette. 

Downstairs maisonette is leasehold and the lease was granted for 125 years by myself to the leaseholder. So, I own freehold with top floor maisonette and leaseholder holds lease for ground floor maisonette.

I want to sell my freehold interest along with the top floor maisonette. Do the ground floor leaseholder has first right of refusal. I understood that for first right of refusal the leaseholder needs to owns more than 50% of the property however in my case I own top floor maisonette with freehold of whole building and leaseholder only owns ground floor. 

Please advise do the leaseholder in my case have first right of refusal. 

Many thanks 

malikfariha

Can somebody kindly respond to my above enquiry please. 

blue_max_3

Just sell it along with the maisonette. Do you want to get involved with a sale of a freehold and trying to sell your property too? I'd imagine that would be fraught with complications.

eddddy

Here's some info... https://www.lease-advice.org/fact-sheet/right-first-refusal/

It sounds like it won't be subject to Right of First refusal because it fails this test:

• More than 50% of the flats in the building must be owned by “qualifying tenants” 

• Qualifying tenant includes leaseholders and some fixed term or periodic tenancies, but not assured or assured shorthold tenancies. 

Has the property ben converted and do you occupy the top floor flat as your primary residence? If so, it also fails on this basis:

An exempt resident landlord is one who lives in the building and where two conditions apply

1. The building is not a purpose built block, for example a converted house, which has been converted into flats since its original construction and
2. the landlord genuinely lives in the building as his only or principal residence and has done so for more than 12 months.

BUT... in order to sell you might want to create a lease for the top floor flat. It will probably make it easier for the buyer to get a mortgage.

malikfariha

Thank you for your response. I want to  sell freehold along with top floor maisonette not just the freehold interest in the whole building. Downstairs lady having leasehold is threatening me that I cannot. I don’t believe RFF applies in my case because I am selling both my maisonette and freehold. I just wanted a bit of assurance that I am correct in thinking? My short term tenants live in the top floor maisonette not me.