Sale of commercial property (Without Landlords Knowledge)

[Eljid]

I want to start off by thanking my lucky stars that a place like this exists to address (and hopefully solve) legal issues after working hours.

I received a commercial premises as a gift last year around August 2020, I have the title deed and it clearly states my name. My father gifted this property to me and said that he will give me the property but the income is to be transferred to him every month and since the lease has his name on it he is completely entitled to it. Is this true? That I can be a Landlord and still not receive the rental income? (I'm fine with that - well actually now, not really).

I only just heard him talking on the phone with his solicitor about nearing completion and having heard reference to the property I owned I was in shock. All of the property dispute solicitors are now closed and I am fuming that this is happening. I also found on my sent emails that my dad had used my phone to send a passport copy, latest bill and a message outlining what will happen to the money when the sale is complete.

Can someone please tell me what my options are? I want to move out from my fathers as I have been suffering abuse. I don't want this sale to go ahead and it is apparently a few days from completion.

Legally, what are my options?

[ostell]

Whose name is on the land registry?

[des8]

Your post is a little unclear and confusing but If you own the freehold but your father retains a lease, it could be his lease that he is selling on. Perfectly legal

What exactly did you find on your phone?
Whose passport? whose bill? what money?

[Eljid]

It's my name on Land registry as the leaseholder to the premises. The only thing that has my dads name is the lease between him (as a landlord) and the restaurant (sub leasor or whatever its called).

He is not selling a lease, as in finding a new owner for the business. He is selling the entire leasehold to another person which renders me out of land registry.

[des8]

Sorry, but it is unclear how your father assigned the lease to you but has retained the ability to sell it to someone else.

I suggest you obtain an immediate consultation with your own solicitor to ascertain exactly what has happened and what your rights and liabilities are.
Take any paperwork you have with you

[Eljid]

Sorry, but it is unclear how your father assigned the lease to you but has retained the ability to sell it to someone else.

I suggest you obtain an immediate consultation with your own solicitor to ascertain exactly what has happened and what your rights and liabilities are.
Take any paperwork you have with you

He didnt assign any lease to me, he gifted the entire property to me but kept the income side of things.

[des8]

If your father transferred the entire lease to you, he assigned it to you, whether as a gift or by sale.

As your father retained the income from the estate perhaps you were only gifted a sublease.

In any event the recommendation to seek professional advice from your own solicitor stands

[islandgirl]

who owns the freehold?

[Eljid]

who owns the freehold?

I own the freehold to the property, only my name on the title deed.

[Eljid]

If your father transferred the entire lease to you, he assigned it to you, whether as a gift or by sale.

As your father retained the income from the estate perhaps you were only gifted a sublease.

In any event the recommendation to seek professional advice from your own solicitor stands

I'm quite literally on my way from happiness to misery today....

It's just a tight situation to be honest, the sale might be completed on Monday making any sort of dispute a long one....

[des8]

In post 4 you stated: "It's my name on Land registry as the leaseholder to the premises"
You now say you are the freeholder.

So perhaps you are the freeholder, but your father is a leaseholder who has subleased to another party.
Your father can (depending on the terms of his lease) sell his holding

[islandgirl]

but he cannot sell the Freehold....