Leasehold - Mortgagee Protection Clause

eddddy

k12479 said:

If there's 30 houses as the freehold, then are there some common areas, roads, etc. that also form part of it?

If so, extracting the freehold of individual properties from that may be rather involved as an alternative structure would likely need to be set up.

That's a common situation, and it isn't a problem for buying the freehold (using the statutory route).

• Currently, the leaseholder pays a service charge for the maintenance of the common areas and roads

• If the OP bought the freehold of the house, the OP would continue to pay the same service charge for the maintenance of the common areas and roads

So arrangements for the maintenance of the common areas would remain exactly the same.



Taking a step back, conceptually the legislation is designed to be a bit like 'human rights' legislation.

It's almost like "Every leaseholder has the human right to buy their freehold". So just about any problem should be solvable - and often, it's the existing freeholder's duty to solve the problems.

(Which it's why it's a bit strange that the OP's solicitor is suggesting that there's an unsolvable problem in this case. It's probably worth asking a specialist solicitor for advice.)