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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We live in a house that was split into 2 flats in the 70s.

Customer Question

We live in a house that was split into 2 flats in the 70's. The previous owner of the downstairs flat and ourselves bought the freehold, half each. However we still have leases as well. When the downstairs flat was sold we signed an extention to their lease to 999 years. We now wish to move and asked the new owner to sign an extension to our lease ,as we had done for him. He refuses to do this and has said that he wants money from us. Is this legal?
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask how many years remain on your lease please?

Customer:

63, I think

Joshua :

Thanks. Is there any declaration of trust in place between you and the other joint freeholder to your knowledge?

Joshua :

Were any assurances given by the previous individual regarding your lease when you agreed to extend theirs?

Joshua :

Did you seek advice in relation to the lease extension or just agree to it?

Customer:

No, we haven't had to have any formal agreements with the 3 previous owners, we just agreed

Joshua :

Thanks. I am afraid this is not good news. If you are joint freeholders as you know you must both agree to extend a lease. This is generally not a problem because if one person wants to extend then the other will generally agree without charge because if they don't they can simply be charged by the other so it is a pointless exercise but unfortunately you have allowed the other party to gain unequal footing by allowing a lease extension without demanding either an extension for yourself or reserving an option on the freehold to do so at a later date for similar nil consideration.

Joshua :

I am stuggling to find a basis on which you could use as leverage. Had you sought advice then the advisor may be negligent in failing to advise the above and you may have a claim for negligence but this is not relevant.

Customer:

The lease extention was agreed with the previous owner

Joshua :

I appreciate that and that it is the new owner that is being difficult. Unfortunately that is his perogative however unfair that is for the above reasons.

Joshua :

Would you like me to see what a commercial extension is likely to cost on the open market to ascertain the potential figure?

Customer:

No,thanks

Joshua :

If I can assist as the situation develops please do not hesitate to revert to me. It may be that some negotiation with the reminder that an extension was agreed by you will pay dividends.

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Relist: Answer quality.
Customer: replied 2 years ago.

I did NOT rate your service as excellent! However, there appears to be only actually one rating available. I thought your 'expert' was mediocre at best. You have charged me regardless, so why bother pretending that there's a choice!

Expert:  Joshua replied 2 years ago.
I am very sorry that you are disappointed with the above. Whilst I would be delighted to have advised you differently that would be a misrepresentation on my part and would not be borne out by the law. If I can assist you any further as matters develop, please do not hesitate to contact me.

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