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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We need to understand the freehold. If one holds 2/3 of the

Resolved Question:

We need to understand the freehold. If one holds 2/3 of the freehold does this give you overall control in decision making on the maintenance work to the building. Currently the freehold is with two people. One owns 2/3 (not living at the property) and one 1/3 who has a basement flat. Both have little interest in maintaining the building. One as he lives in the basement flat (owns 1/3) and therefore most work in his eyes has little impact on him. The other (owns 2/3) does not live at the property and indicated his wish to sell the property. Currently they use management company and works on the building are not getting done. If we buy 2/3 of the freehold will we have the majority voice in decision making? As a background our lease is around 65 years. Regards, ***** ***** Groot-Marzec
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

In order to answer you fully, could you please let me know how many flats are in the building and whether it is a converted property or not?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

There are four flats in total. One flat is owned by the person who holds 1/3 freehold. One is a holiday flat. Another is currently empty and on the market. The fourth is ours. This is a converted vistorian house, converted in 1970's I think. As mentioned the freeholder used to own a holiday flat. When he sold it he said he wishes to sell his freehold. Since then repairs appears to have been put on hold, and a roof leak reported over a year ago has not been fixed. they appointed management company who appears to be acting in that manner. No other maintenance work has been done either.

Regards, Joanna

Expert:  Aston Lawyer replied 2 years ago.
Hi Joanna,
Thanks for your reply.
If the Freehold to a Building is owned by 2 people, in equal or unequal shares, they both have as much right to deal with matters concerning the Building equally, and the fact that one of them may own a larger share is irrelevant, when it comes to making decisions.
if you were to buy 2/3 of the Freehold, this would of course place you in a better position to arrange maintenance issues, but you would still be reliant on the other Freeholder.
One issue you may wish to consider is that leaseholders can exercise the right to manage (RTM, which means they can take over the running of the Building. They would not need to show the Freeholder has been doing a bad job, but it is a legal right, provided the following conditions are satisfied-
The building must meet certain conditions and a minimum number of leaseholders are required to take part.
•the building must be self-contained (or if part of another building, be capable of being redeveloped independently);
•it must include at least two flats;
•at least two-thirds of the flats must be let to 'qualifying tenants".
A qualifying Tenant is one whom has a long term Lease.
On the basis that there are 3 such Tenants (ignoring the Freeholder in the basement Flat), you would need the other 2 Tenants to agree to take this action.
If you did proceed, you as Tenants would then have the right to manage the Building yourselves, without any interference from the Freeholders.
If you would like to look into this further, there is a great website and advice body called the Leasehold Advisory service (and it's free!)
www.lease-advice.org
I hope this helps you and answers your question.
Kind Regards
Al
Aston Lawyer and 2 other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 2 years ago.

Hi Joanna,

If you are happy with my Answers, I would be grateful if you could leave

positive feedback.

Thanks

Al