Freehold Share FRR Breach of Deed

[Lowry1234]

Hi


I have a couple of points No 1 ...two flats..... each flat has its own lease
freehold 50 50 one leaseholder selling his flat do i have a first right of refusal when he sells his flat?


property is rented out
been a long dispute and a court action ...mediation
deed of variation assigned to lease on shared driveway

tenants in flat parking vehicles blocking shared driveway and access breach of deed of varation

best action to take

unable to speak with tenants due to leasehiolder making lies and could be accused of harrassment

had to put CCTV in as advised by Police due to neighbours behaviour




thanks for any guidance replies

[warwick65]

Re: Freehold Share FRR Breach of Deed

Hi

Maybe i have missed something but I read this as
a= leaseholder to flat a
b=you = leaseholder to flat b
c= freeholder who owns the freehold to both flat a and flat b but is a different persons/entity to either a or b

a is wanting to sell the flat
b (you) wants to know if you have any rights to veto the sale?

Two things are key, who actually owns the freehold and what the lease actually says
[MENTION=87380]Diana M[/MENTION]

[Lowry1234]

Re: Freehold Share FRR Breach of Deed

please see below

Maybe i have missed something but I read this as
a= leaseholder to flat a. Correct

b=you = leaseholder to flat b Correct

c= freeholder who owns the freehold to both flat a and flat b but is a different persons/entity to either a or b Own freehold between them

A and B share freehold
a is wanting to sell the flat.
b (you) wants to know if you have any rights to veto the sale? YES Does flat a
have to offer flat b offer of freehold first?

Two things are key, who actually owns the freehold and what the lease actually says

what part of the lease do i need to check?


flat a put tenants in while on market and are now breaching parking area on plans
for both properties and rights of access

thanks for replying see my response to
@Diana M[/QUOTE]

[warwick65]

Re: Freehold Share FRR Breach of Deed

Ok
So that will all depend on the terms of the lease. I have no idea where in the lease it might be.

Of course if there was some formal agreement between you regarding managing the freehold there maybe clauses in that.

[Lowry1234]

Re: Freehold Share FRR Breach of Deed

Ok
So that will all depend on the terms of the lease. I have no idea where in the lease it might be.
I need to read the lease which I have struggled with
Of course if there was some formal agreement between you regarding managing the freehold there maybe clauses in that.

No formal agreement

[warwick65]

Re: Freehold Share FRR Breach of Deed

If there is nothing in writing and in a free market I can see no reason why you should be offered first refusal although nothing preventing you making an offer.
Is he selling the leasehold or the freehold or both.

Often leases have a clause in them requiring the freeholder to have input on the sale.

[Lowry1234]

Re: Freehold Share FRR Breach of Deed

Property advertised as
flat with share of freehold

- - - Updated - - -

I will revreqd the lease would it be in the lease documents or freehold title ?

[warwick65]

Re: Freehold Share FRR Breach of Deed

maybe [MENTION=87380]Diana M[/MENTION] can offer an opinion

I do not know if it any caveats or restrictions would be in the lease or the freehold agreement so you may need to read both.

Sorry I can not be of more help

[Lowry1234]

Re: Freehold Share FRR Breach of Deed

Just a response is a great help
i am reading as much as I can...he's now moved abroad and it's on the
market so he's rented it out...he should have done a short hold tenancy for six
months not done one
if he is the freeholder and doesn't not live at the address for a period
of 12mnths I think he has to sell it to me

[warwick65]

Re: Freehold Share FRR Breach of Deed

if he is the freeholder and doesn't not live at the address for a period
of 12mnths I think he has to sell it to me

Is that what you think or is it written into the freehold or indeed the lease?

I find it terribly odd that there is no written agreement about how the two of you share the freehold and just run it on an ad hoc basis - my understanding is that often a company is formed with shareholders - for example in your case two shares where you own one each

I know it gets terribly;y confusing with leasehold, freehold and the fact a tenant of a leasehold can then also be the landlord to a tenant .
[MENTION=87380]Diana M[/MENTION] knows a thing or two about freeholds and leaseholds

My knowledge comes from dealing with the freeholder to my OH's leasehold property

Just to muddy the waters- I do know that if the freeholder of the properties where my OH lives wants to sell- the owners of the leasehold have to be given the opportunity to buy

[Lowry1234]

Re: Freehold Share FRR Breach of Deed

I read FRR. It's says if the landlord does not live at the property for a period of 12 months as a resdient he has to offer the freehold to the other leaseholders if he doesn't it can be a criminal offence
Hence double checking that's the reason for my post
the lease says about a company being formed and paying ground rents but as
there are on,y two flats in the building we do it on an basis when the works need to be done we pay
so therefore we don't have a reserve fund and no accounts
buildings insurance is split 50/50 payment each year

hence my post it's as I need a bit of help
can I buy it

[warwick65]

Re: Freehold Share FRR Breach of Deed

Hi

I am not sure what FRR is I'm afraid but from my experience many freeholders are companies and do not live at the properties.

Again it is all about what is in the agreements and contracts

You are perfectly within your rights to make an offer for the freehold but not the property - in fact it might be that you have to be offered the freehold if it is for sale as I said in my previous post