Ask an Property Solicitor. Get an Answer ASAP.
I'm sorry that I think that some of your typing is gone haywire.Don't worry, mine does also.
You appear to own the freehold. Please confirm
you granted a lease to a developer who was gone into liquidation.
Who has the lease now?
What exactly is it you want to grant to the leaseholder of one ofthe flats?
If you can't find the leaseholder how'd you know that theleaseholder wants the area?
I'm sure this is relatively straightforward but I do need clearfacts please including detailed background
Yes I own the freehold
I don't know who the head lease or if they can be contacted as they went to Spain
I want to grant 2 meters of floor space on the ground floor to flat no. 2 there are six flats in the building.
The free hold has a charge on it from Natwest Bank. when I granted the head lease to the developer there was a space that was already let on a commercial lease so we drew around it on the head lease and flat lease so it was not included. now the commercial tenant has gone it makes seance to let the space to the only person it would benefit tied into the time the existing leases run with out going through the expense of finding and altering all the existing leases as it would be prohibitive. Simon
Does the tenant/leaseholder want this piece?
Why do you is the freeholder have to let it to anyone?
Whatever you do, you are going to need the consent of the bank.
Why would you need to contact all the leaseholders who this doesnot affect?
2 m² of floor space is an extremely small space so I'm not certainwhy it is so important to take it from what used to be the commercial space andput it into a residential space.
I'm sorry but at this stage, none of this makes sense
Yes the tenant wants it it makes a single bedroom flat into a double.
He will pay me for the space.
it may affects the management company as some things are worked out by floor area. Simon
I can see no reason why thiscannot be done by a simple deed of variation of the leaseholders lease.
Provided it does not affectanybody else's lease, I cannot see why you need to get hold of all the otherleaseholders or indeed, ask for their consent.
It would depend on how theservice charge is paid for in the lease is but I think in all probability theeasiest way is to simply increase that single leaseholders service charge inproportion to his floor area. That way it is of no concern to the otherleaseholders.
This seems to be very simple andI can't help feeling that I am missing something. Is there more to it or is thesolicitor just being dilatory?
how can I make a variation to his lease without altering the head lease that it sprang from ? and does altering the head lease effect the other tenants leases or need there consent ? its not being able to get hold of the developer or bank who now have the head lease and get their consent that makes that root prohibitively expensive and the reason for my question.
You have missed some informationout then.
Are you saying that you own thefreehold and that you have created a head lease of the whole property to adeveloper.?
The tenants leases come out ofthe head lease?
Is that the situation?
In which case, is this 2 m² leasedto the developer or does it remaining your freehold title?
the space is now part of my freehold and is not included in any lease. it was not included as part of the head lease at any time.
In which case, you simply createa lease over the 2 m and the flat then has two titles the problem comes in thatto do the job completely properly, the right to pass from one part of the flatto the other part of the flat needs to be included in both titles and in thatrespect, it will need the consent of the head leaseholder.
From a practical point of view,it makes no difference but to tie it up legally, it does need to be done thatway however as both properties are owned by the same person than if both leasesof the same period of time, I cannot see that there is a problem with this
Does that answer the question?
Can I assist further?
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