Leasehold Nightmares

user1977

https://forums.moneysavingexpert.com/discussion/comment/82098630#Comment_82098630

Freeholder. OP is the leaseholder.

OP, what was the advice you got in 2020? I'd expect your solicitor to have explained to you then what you would actually end up with after staircasing.

JHodkin20

https://forums.moneysavingexpert.com/discussion/comment/82098637#Comment_82098637

I didn't get any advice in 2020, that's just the year I moved into the home. It was December 2025 that I asked the housing association the question of whether I would become the freeholder, they said yes which I now know was their mistake.

Because I thought I'd own the freehold, at no point have I questioned it. Then again, there has been no document from the solicitor mentioning it either. I would have though that I would have had to sign something to at least acknowledge it!

user1977

https://forums.moneysavingexpert.com/discussion/comment/82098645#Comment_82098645

You bought the 50% in 2020 without any advice about your right to staircase and what you would actually get after staircasing?

JHodkin20

https://forums.moneysavingexpert.com/discussion/comment/82098650#Comment_82098650

Yes. I didn't initially plan on staircasing when I bought the initial share. I put the house on the market last year but no one wanted to buy half a house. Hence why I did the staircasing this year. But to clarify again, I did ask the housing association BEFORE I started the process to staircase to make sure the freehold was included.

user1977

Ok. Seems very odd that your solicitor didn't explain to you at the time. You may have cause to complain.

Yorkie1

 I'm considering going to the legal ombudsman...

Just to be aware, you'll need to exhaust the complaints process through the solicitors' firm first.

JHodkin20

https://forums.moneysavingexpert.com/discussion/comment/82098686#Comment_82098686

Good point, I've just seen in their client pack, they ask for complaints to be sent directly to them and they will respond within 48 hours and to go to the legal ombudsman if not satisfied

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82098694#Comment_82098694

Responding within 48 hours is simply acknowledging the complaint, the actual response to the complaint will take longer and they have 8 weeks to respond before you can escalate to the ombudsman (same as similar ombudsman services)

gm0

The question "can I buy the freehold once stair cased" was a Yes.
The question "do i get it automatically" was a No.
HA customer service agent not a conveyancer and answered for Can I later not Do I automatically get. A mistake certainly depending on the clarity of the correspondence

And a conveyancing step exists to provide proper legal input at time of transaction. So the expectation is not that HA help desks will be full fat conveyancing lawyers.

They will not - because of this misdirection in this context - have to "get the freehold for you".

Not how it works

Minimal inconvenience compo after a long torture of correspondence and ombudsman would be my prediction

The freehold acquisition process exists.
As does the lease extension one.

Multiple steps in this case

Have you been well served by your hired conveyancer or the HA phone answerer. No you have not.

But the path to a clean title resolution now likely does not go via the complaint rabbit hole.

Pushing for something non-standard because "I was told"

Complaining is a separate "feel better" topic if you choose to pursue it. How much time you have for both things is your decision of course. You could spend months or longer pursuing the "why was I misinformed/not told" by my lawyer agenda and be precisely zero steps forward with your ownership and disappointed with your resolution and minimal compensation.

That's your decision to make where best to invest your time - either or both paths

HampshireH

What makes this a little more confusing is your lack of paperwork or visibility of paperwork.

Your lease should state who the Landlord is (HA) and who the freeholder is (Developer) if not the HA. This should have been fairly obvious to your solicitor and the staircasing provisions - including information about acquiring the freehold - should be set out in your lease.

Did you explicitly instruct your solicitor to manage the purchase of the freehold title as well or did you just assume they would?