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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2449
Experience:  Over 5 years in practice.
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I live in a block of 12 flats which has a commercial office

Customer Question

I live in a block of 12 flats which has a commercial office unit on the ground flow. The landlord has just served the leaseholders with a Right of First Refusal notice for the freehold. However, it appears that the commercial unit has never had a lease and has just been used by a company owned by the freeholder. The commercial unit is therefore regarded as part of the freehold and a significant commercial value assigned to that in the freehold valuation.
Is this reasonable, or can we require him to remove it from the scope and simply offer us a share of the freehold for the residential flats which would then become affordable? We understand that in the section 5 notice the value assigned to the flats is only one tenth that of the commercial unit.
Submitted: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
What would you like to achieve?