Landlord leasehold about to expire - what happens to tenant?

saajan_12

user1977 said:

The most obvious catch of stepping into the leaseholder’s shoes is that you take on all their liabilities under the lease for repairs etc.

Yes, but then you also save the rent, which would (usually) be higher. 

eddddy

AlphaCentauri said:

Service charges and block repairs are practically non-existent for this building although I'd obviously need confirmation of this from the freeholder ie. if title were handed to me, the freeholder wouldn't suddenly introduce a new service charge.

A freeholder can't really give you confirmation of that - because the freeholder cannot predict what unforeseen repairs might be required.

For example, if the roof unexpectedly starts leaking in 6 months time and needs £5k worth of repairs, you would have to pay your share of £5k.


Are you saying that the building is in poor condition? If so, the freeholder might decide to do some extensive maintenance and repairs - and again, you would have to pay your share of the cost.

Or the freeholder might decide to sell the freehold to a new freeholder, who might decide to do some extensive maintenance and repairs - and again, you would have to pay your share of the cost.


You can read the lease to see...

• what parts of the building would 'belong' to you - so you have to pay 100% of the maintenance and repair costs

• what parts of the building would 'belong' to the freeholder - so you have to pay a %age share of the maintenance and repair costs

The lease should also tell you what %age share you have to pay.

AlphaCentauri

Do the sitting tenants have any rights?  Or is it simply a case of instant eviction as soon as my landlord hands over the title to another party?

AlphaCentauri

eddddy said:

AlphaCentauri said:

Service charges and block repairs are practically non-existent for this building although I'd obviously need confirmation of this from the freeholder ie. if title were handed to me, the freeholder wouldn't suddenly introduce a new service charge.

A freeholder can't really give you confirmation of that - because the freeholder cannot predict what unforeseen repairs might be required.

For example, if the roof unexpectedly starts leaking in 6 months time and needs £5k worth of repairs, you would have to pay your share of £5k.


Are you saying that the building is in poor condition? If so, the freeholder might decide to do some extensive maintenance and repairs - and again, you would have to pay your share of the cost.

Or the freeholder might decide to sell the freehold to a new freeholder, who might decide to do some extensive maintenance and repairs - and again, you would have to pay your share of the cost.


You can read the lease to see...

• what parts of the building would 'belong' to you - so you have to pay 100% of the maintenance and repair costs

• what parts of the building would 'belong' to the freeholder - so you have to pay a %age share of the maintenance and repair costs

The lease should also tell you what %age share you have to pay.

Basically, there's been a 'system' in place for 30+ years.  I'd seek to stipulate this continues for the remaining duration of the leasehold.

'Freeholder selling to a new freeholder' - highly unlikely because it's a whole street block of flats above shops and I am certain they will not suddenly sell it.

mlz1413

AlphaCentauri said:

Do the sitting tenants have any rights?  Or is it simply a case of instant eviction as soon as my landlord hands over the title to another party?

If the property sells the new owner would need to honor any contract you are in.

If the last time you signed a contract was when you moved in, then you would be considered to be on a rolling monthly contract. 

I think eviction would still need a Section 21 up until the  Renters Rights come in.

eddddy

AlphaCentauri said:

Basically, there's been a 'system' in place for 30+ years.  I'd seek to stipulate this continues for the remaining duration of the leasehold.

It's not legally possible for the freeholder to agree to that.

The freeholder is bound by the lease. If the lease says the freeholder must maintain and repair the building and charge the leaseholders...

... the freeholder cannot say "I'm not going to maintain and repair the building and charge the leaseholders, because that's what AlphaCentauri wants." 


But if you're saying that the freeholder has been breaching the lease for the last 30 years by failing to maintain and repair the building - I guess you can hope that they will continue to breach the lease for the next few years as well.


But if the lease is ending soon, a sensible freeholder might want to get the building repairs done and paid for by the leaseholders (i.e. you), before the lease ends. So that you pay for the repairs instead of the freeholder having to pay for them.

silvercar

mlz1413 said:

AlphaCentauri said:

Do the sitting tenants have any rights?  Or is it simply a case of instant eviction as soon as my landlord hands over the title to another party?

If the property sells the new owner would need to honor any contract you are in.

If the last time you signed a contract was when you moved in, then you would be considered to be on a rolling monthly contract. 

I think eviction would still need a Section 21 up until the  Renters Rights come in.

I would agree if it were a sale. If it is surrendering the lease, I’m not sure what happens. I would have thought that the lease can’t be surrender if there is someone living in the property. The only way to surrender a lease would be to give the property back, which can’t be done with a tenant in situ.