Changing the lease terms during purchase with share of freehold

mashmash90

I am purchasing a 3 bed flat (it's a large converted Edwardian house that has been converted to 2 flats) It comes with a share of freehold (shared between the flat we are buying and the ground flat).  I just received the lease and there are a couple of terms in there I am not happy with, especially an Alienation clause which suggests (although I'm checking that I haven't misunderstood) that we wouldn't be able to sublet. Now it's not something I want to do now but I do hope to go travelling at some point in the next couple of years and we will need to rent it out while we do so. What are the options? Can we ask to alter the lease before purchasing to remove the alienation clause? Is that something that we would just need the vendors and the ground floor share of freehold holder to agree. Or is this something more complicated? Looks like its something from an original lease (from like the 1970s) that still stands and was never altered. 

Is amending lease covenants something that is possible/negotiable during a purchase? We really love this property but worry this will be an issue in a couple of years time if this doesn't get removed- and will cut down on the amount of people we can sell it to when we come to sell, given it alienates a whole buy-to-let market.

MWT

Certainly worth talking to the ground floor owner to test their reaction, as some might view it as a positive clause that prevents the other flat being sold to a landlord and rented out...

mashmash90

MWT said:

Certainly worth talking to the ground floor owner to test their reaction, as some might view it as a positive clause that prevents the other flat being sold to a landlord and rented out...

How would we talk to the ground floor owner if we haven't yet officially purchased and therefore have no contact with them? 

Also how would we know if the ground floor flat has the same lease condition? Is there a way for us to see their lease?

We literally sold our shared ownership flat for the reason that it had so many annoying restrictions (but understandably so due to the affordable scheme) so don't want to end up in the same boat again especially when we are paying over 500k for the privilege.

MWT

Could always just knock on the door...

If the freehold is split between the two flats then any changes to the lease are going to have to be agreed with the owner of the ground floor, you can't unilaterally negotiate a change with the current owner of the flat you are buying.

If you are going to live there I'd want to get to know the owners of the flat below you before buying anyway...