Leaseholder's family.

silvercar

A share of the freehold can only be bought if it is for sale. Either one of the 8 current owners choosing to sell, or all 8 agreeing to sell the same portion in order to make the current holders and the new leaseholders own one ninth each.

Now that the buy out has occurred, there are 8 leasehold flats with share of freehold in their title and 3 that are leasehold alone. Basically the boat has sailed and they weren’t on board. There is no rights in perpetuity for those that have the lease on the leasehold only flats to buy into the freehold.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82057970#Comment_82057970

That appears to be the nub. Even tho' 11 of you own the FH, the terms in the existing leases are currently what guide issues such as rights, responsibilities - and parking.

The '11' cannot change the terms of the leases without agreement from all the LHolders, and that includes the '3'.

So, refer to the lease. If it says nothing, or says fcfs, then the fellow's idiot family are stuffed. It should not make any difference if he also becomes a FHer - permission from all the LHers would still be required for any change. Democracy in action.

silvercar

https://forums.moneysavingexpert.com/discussion/comment/82059051#Comment_82059051

I’m not sure. The freeholders own the land. That comes with some rights. I’ve heard of freeholders and their managing agents introducing things like fob entry/ car park barriers/ parking badges etc that come with costs for all the users. They’ve been able to do this as freeholders without reference to individual leaseholders.

Ditzy_Mitzy

https://forums.moneysavingexpert.com/discussion/comment/82047207#Comment_82047207

Whilst the situation wouldn't count as fronting, there would be a need for the car to be insured by a specialist broker under a non-conventional policy. If the elderly gentleman does not hold, and never has held, a driving licence, he cannot take out a conventional policy in his own name. He can, however, set up a policy in his name as a non-driving owner with one or more nominated chauffeurs. The chauffeur point could be an issue for the family, if none are professional drivers.

As with most matters insurance, the unconventional can be achieved; however, it is likely to come at significant cost. They could be looking at spending hundreds, if not thousands, of pounds annually for something that is essentially pointless if they have their own cars. If the proposal is that someone visits periodically, let's say by car, parks said car somewhere else and then drives the other car, one has to question what benefit such an arrangement provides.

There are other options: 'any driver' policies or one family member insuring in their own name, i.e. being the policyholder. The former is extremely dear and the latter overly complicated — there are often restrictions such as a requirement for the non-owning policyholder to reside at the same address as the owner.

I'd suspect that the family have had a 'bright' idea, but haven't actually looked into the matter properly. If they do, they'll realize it's pie in the sky.

Suggestion: hold a freeholder vote, or whatever one has to do, for the motion 'all cars parked in residents' spaces must be registered at the block of flats', with a clause stipulating that V5 documents must be made available for inspection. That will kill any attempt by the family to register the car somewhere else, i.e. one of their houses, insure in their own name and park at the flats (they are likely to try, if devious).

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82057865#Comment_82057865

If the car is in the person’s name it is a car belonging to a resident.

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82059854#Comment_82059854

I'm not sure either, but every search I make regarding whether a FH or ManCo can change the terms in a lease returns the same thing; 'You would need to contact the individual flat owners and obtain their consent to vary the lease. This should be done by a Deed of Variation, and ideally the variation registered against each title register at HM Land Registry.'

Anything outwith the terms of the leases probably are open to being modified by the FH, and I suspect that includes your examples of barriers and changing parking conditions. I don't think the OP has clarified what - exactly - their lease currently says about parking, other than they aren't allocated?

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82060002#Comment_82060002

I think Hobgoblin was jesting, and it certainly made me chuckle 😊

eddddy

Ditzy_Mitzy said

Suggestion: hold a freeholder vote, or whatever one has to do, for the motion 'all cars parked in residents' spaces must be registered at the block of flats', with a clause stipulating that V5 documents must be made available for inspection.

In general, the freeholders cannot simply have a vote to 'invent new terms' and impose them on leaseholders.

The freeholders can only do what the lease allows them to do, and similarly, the leaseholders can only do what the lease allows them to do.

So everything depends on the precise wording of the lease.