How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10232
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

We are currently selling our flat to which we own the freehold

Resolved Question:

We are currently selling our flat to which we own the freehold which we are including in the sale. There is also a lease on the flat which has 77 years to run. We do not pay ground rent or service charges. Our buyer is now asking if it is possible to extend the lease. Do they need to? Surely if they own the freehold they would be asking themselves to extend it. Can you advise me on where we stand with this please?
Submitted: 10 months ago.
Category: Law
Expert:  Aston Lawyer replied 10 months ago.
Hi,Thanks for your enquiry.Could you please confirm that you alone own the Freehold or do you own it jointly with any other neighbour?I look forward to hearing from you.Al
Customer: replied 10 months ago.
It is a house that is divided into five flats with the owners each holding the freehold to their flat.
Expert:  Aston Lawyer replied 10 months ago.
Hi,Thanks for your reply.I would have thought that the Freehold is held by the 5 of you in the name of a Management Company? Do you know? (You wouldn't normally each own the Freehold of your respective flats).Al
Customer: replied 10 months ago.
Yes that is right.
Expert:  Aston Lawyer replied 10 months ago.
Thanks. Last question then- has anyone else in the block extended their Lease or have all 5 of you ever held discussions concerning the extension of your Leases?Al
Customer: replied 10 months ago.
No that we are aware. We have never paid ground rent or a service charge and as the freehold is owned by us surely we would be asking ourselves to extend the lease?
Expert:  Aston Lawyer replied 10 months ago.
Hi,You are indeed correct, in so far as you own a share in the Freehold. However, all 5 of you, as members of the Management Company have to agree before the Leases are extended.It would therefore be normal for all 5 of you, at some stage, to agree to extend your respective Leases. If you all did it at the same time, one Solicitor could be instructed and this would save on cost.So, there is no real need for your Buyer to ask for a Lease extension. (Most Mortgage Lenders insist that there is at least 55-65 years left on the Lease before granting a Mortgage, so your Buyer has the added bonus that 77 years is more than adequate).I would therefor suggest that you tell your Buyer that you are not prepared to get the Lease extended (if you did, this is likely to delay your Sale, as it may well take a good 8 weeks to sort it all out) and that your Buyer liaise with the other residents at a later date as regards ***** ***** Lease.I hope this assists and sets out the legal position.Kind RegardsAl
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10232
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Many thanks. It was as I had thought. I will pass this on to my buyer and hopefully this will put the matter to bed.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice