Thanks for your enquiry.
The Freeholder is under a duty to offer the Building(s) to the residents first, but are free to sell any communal areas.
Please let me know if you require any further clarification, and I will gladly assist.
That wasnt the question- are they free to sell part of the communal areas without reference to the existing residential leaseholders. Is it section 51 L &T act ?
and deregation of grant ?
Sorry for not making myself clear. The Freeholder is free to sell the communal areas, without obtaining the consent of the Leaseholders.
However, the Freeholder will have to make sure that a suitable provision is put in the Transfer making the Buyer responsible for complying with any Freeholders covenants in the Leases which relate to these areas (ie duty to maintain the area).
I hope this clarifies matters.