should i have been offered the freehold

sooz

i own a btl leashold flat, with 2 or 3 [badly split] other flats in the building and a commercial lease on the ground floor. i know that the owners were selling, and they offered me the flats together with freehold. this freehold used to be tied to one of the flats, the others presumably had a lease. said no, as badly split, cost etc.

just found out that the freehold was removed from the flat, and has been sold independantly of any flats, leases etc. should i, and or other leaseholders, have been offered it first. what can i do.

sooz

please, anyone have any info or advice. the sale of freehold completes on monday.

i'm happy as the new freeholder HAS to be better than the current one [she was a big animal that goes MOOO - who overcharged me at any opportunity - then refunded when challenged], but still peeved that it was not offered. should it have been. can i go to the lease valuation tribunal,

any advice greatfully received

Ian_W

http://www.odpm.gov.uk/stellent/groups/odpm_housing/documents/page/odpm_house_039564-01.hcsp#P27_843 Seems to suggest it should have been offered to you and the other leaseholders before being offered, on no more favourable terms, to a third party.
Trouble is it's very complex with several different statutes involved.

You might also want to visit
http://www.lease-advice.org/Defaultold.htm
which is the govt funded leasehold advisory service which may be able to answer your question if you contact them.

BoL.

sooz

thanks, already looked at lease advice, but can't phone them til monday.

odpm site explained it more clearly....thanks for that.

i thought it should have been offered. odpm site seems to agree..will phone lease advice on monday and see what action i can take.

Doozergirl

We're just selling the freehold on some flats and it is a criminal offence for a freeholder not to offer the leaseholders their share of the freehold, in writing, giving reasonable notice. It's called the 'right of first refusal'. The freeholder also has to offer it to you for a reasonable price - you can obtain your own independant valuation if you want to.

I'm sure a quick call to one of the solicitors involved in the sale, explaining that you are a leaseholder that hasn't been offered the right of first refusal will throw a spanner in the works and, at the least, stop them from completing tomorrow, giving you some time to work out what to do next. You may not know exactly what you need to do, but the solicitors will be familiar with the law (obviously!) and won't be keen to carry on with something that is illegal until the situation is clarified.

I think you should then call your solicitor and ask what to do. If you want to buy your share (which I think is 'moneysaving' to do long term) then they are going to have to be involved anyway, so you may as well start tomorrow.

Do you know the freeholder's solicitor's details? If you don't, your solicitor might know from when you purchased the flat?

If they do complete the sale tomorrow, I think you have an amount of time where you are allowed to purchase your share from the new owner.

Good Luck - give the old mooooo something to worry about!

sooz

thank you,

i will first call the lease advice service tomorrow morning, then my solicitor, and then theirs [i do know their soicitors details, but only found them out, and that the freehold was being sold independantly of any flat on sat afternoon...too late to do anything]


i was offered a lease extension a few months ago, but tied into this was an extension that i have no use for - extension on my floor used for extensions on upper floors, and no use to me whatsoever, and at too high a price.

also offered all the flats plus freehold, but no mention of freehold independant of the other flats. don't even know the price,as the estate agent would not say. nothing of above in writing, just rude messages on my answerphone, which i said no to - in writing.

i know that the new freeholder must be better than the old one, but my lease is getting under 80 years, and need to extend, but would have preferred to buy if it was offered.

ok, i have to start to shout at people tomorrow.

thanks for all your help, knew that someone here would know the answer

sooz

Doozergirl

You should definately buy it then; especially as renewing will cost a considerable percentage of the sale price, never mind being overcharged on the service charge!

You'll be able to buy it, I'm sure. Good Luck!

sooz

well, just an update.

spoke to the lease advisory service. despite potential probs with the commercial property on the ground floor, it seems i should have been informed, and offered first right of refusal. my solicitor confirms this.

spoke to the vendors solicitors, and they promised to phone back. after 3 hours heard nothing, so called them, and they told me they were instructed, by the freeholder, not to talk to me, and hung up. professional huh?

a recorded delivery letter has been sent, and i await the reply...

so any ideas what my next step should be........

Doozergirl

Good God! :eek: I don't know what to say. She's outrageous! I'm sorry I can't offer you anymore help; because we've done it the right way, I don't know what happens next

I suppose you speak to your solicitor and instruct them to get you the Freehold and sue her for the extra cost involved. She has to prove that she offered you the freehold - I think she actually has to produce a form that you have signed saying that you don't want it. Which there obviously isn't!

Where's bossyboots gone this week? She knows everything!

sooz

she's a moooooooooo indeed.

thanks for support

sooz

sooz

update again

wrote to the solicitors, and delivered by hand, my letter 10 days ago. absolutely no reply. sale should have gone through by now, so i should have been informed of the new freeholder, surely.

got the full leaflet on right of first refusal from the lease advisory service, but no idea what to do next, as don't know who to contact.

old freeholder abroad, and their managing agent too

new freeholder, no details

solicitor is a t##t and won't even respond to my letters, and hangs up on me on the phone

what should i do?