New Freeholder - Renting Gardens

Marcusmogg

Hi all, we have recently been informed that the freehold to our homes has been transferred to a company called Trivium Land (No1) Limited.

To give a bit of background, we own our properties on long leases (approx 900 years), the new freeholder has today contacted us to inform us that the land we have used as gardens for the last 5 years is not on the leasehold title and is on their freehold title. We have been asked to apply for a license to occupy the land as gardens and to pay £5 per month. Can the freeholder do this ?

Also I am now worried that an extension we had built in 2004 will cause issues for us. Our lease doesn’t specify any need to obtain permission for extension etc. Can the new freeholder charge me for the extension ?

Any help would be gratefully appreciated.

dimbo61

So what is the freeholder going to do with the gardens if you all say No thanks.
£5X12 =£60 a year per property 
Can they build on the gardens ?
Is this communal gardens or separate gardens for each property.
Fences around each garden or open plan for everyone to share.

HampshireH

Marcusmogg said:

Hi all, we have recently been informed that the freehold to our homes has been transferred to a company called Trivium Land (No1) Limited.

To give a bit of background, we own our properties on long leases (approx 900 years), the new freeholder has today contacted us to inform us that the land we have used as gardens for the last 5 years is not on the leasehold title and is on their freehold title. We have been asked to apply for a license to occupy the land as gardens and to pay £5 per month. Can the freeholder do this ?

Also I am now worried that an extension we had built in 2004 will cause issues for us. Our lease doesn’t specify any need to obtain permission for extension etc. Can the new freeholder charge me for the extension ?

Any help would be gratefully appreciated.

This may sound daft, but how have you built an extension on land you don't even have any interest in, i.e. even a lease.

This could be very problematic for you as you say no permission but I'd be more concerned that it's not even your land to build on.

Marcusmogg

HampshireH said:

Marcusmogg said:

Hi all, we have recently been informed that the freehold to our homes has been transferred to a company called Trivium Land (No1) Limited.

To give a bit of background, we own our properties on long leases (approx 900 years), the new freeholder has today contacted us to inform us that the land we have used as gardens for the last 5 years is not on the leasehold title and is on their freehold title. We have been asked to apply for a license to occupy the land as gardens and to pay £5 per month. Can the freeholder do this ?

Also I am now worried that an extension we had built in 2004 will cause issues for us. Our lease doesn’t specify any need to obtain permission for extension etc. Can the new freeholder charge me for the extension ?

Any help would be gratefully appreciated.

This may sound daft, but how have you built an extension on land you don't even have any interest in, i.e. even a lease.

This could be very problematic for you as you say no permission but I'd be more concerned that it's not even your land to build on.

Sorry I meant to say the land on which we built the extension is on our lease. The garden land isn’t on the lease.

Marcusmogg

dimbo61 said:

So what is the freeholder going to do with the gardens if you all say No thanks.
£5X12 =£60 a year per property 
Can they build on the gardens ?
Is this communal gardens or separate gardens for each property.
Fences around each garden or open plan for everyone to share.

The gardens are not fenced off and comprise the spare parts of the land on the housing estate. They couldn’t be built on but are owned by the freeholder nevertheless.

davidmcn

Marcusmogg said:

the new freeholder has today contacted us to inform us that the land we have used as gardens for the last 5 years is not on the leasehold title and is on their freehold title. We have been asked to apply for a license to occupy the land as gardens and to pay £5 per month. Can the freeholder do this?

Do your leases give you any right to use the land? Why did you start using them as gardens 5 years ago? If you've basically been trespassing up to now, then yes the freeholder can do what they want, it's their land.

Marcusmogg

The lease provides a right of access across the roads and paths on the estate which the freeholder also owns. Every resident has essentially made a little garden at the back of their property and so we followed suit. 

What would happen if all of the residents refused to rent the green land as it is of no real value to the freeholder.

rik111

just tell them no you dont want it, what are they going to do with it ?

Marcusmogg

They have sent letters giving three options, rent the land at £5pm, buy the land or quit using it and remove our possessions from the land.

daveyjp

If that is the case seriously consider buying it.

Marcusmogg

Is there no alternative as I don’t feel why they are doing is fair.

In reference to my other question, if I have built an extension on my leasehold land can they make me pay a variation fee for building the extension even if my lease doesn’t mention it.