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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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want to buy a flat which is share of freehold, 3 flats in total,

Resolved Question:

want to buy a flat which is share of freehold, 3 flats in total, the flat includes a loft but excludes the roof, i would like ot purchase the roof in order to be able to build on or have a balcony, is it enough to get just one other party to agree a sale? i.e. 2 out of 3 majority or do all parties need to agree? ive downloaded the title and there is no mention of it though there is a mention that the roof is excluded
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

I'm afraid you will need to obtain the consent of both the other Freeholders.
This is because a Deed of Variation will need to be entered into between the Freeholders and you as Tenant. This Deed will confirm that the roof will become part of your Flat and that you will be responsible for maintaining it.

If you are only going to be buying the Flat if the above can be agreed, the best way forward is to get your Seller to get the ball rolling and the Deed of Variation can be hopefully dated the date you complete your purchase.

I hope this helps and answers your question.

Kind Regards
AL


Customer: replied 3 years ago.

Would this reply to each variation (alteation) i would like to do in the flat? i.e. any internal wall removal etc?

Customer: replied 3 years ago.

Is there no provision for being reasonable?

Expert:  Aston Lawyer replied 3 years ago.

Hi,

If the Lease for the Flat does stipulate that no alterations shall be made without Landlord's (Freeholder's) consent, you would indeed need to get consent off both the other 2 Freeholders each tome yu wished to carry out such alterations.

There is no provision for being "reasonable" as regards XXXXX XXXXX there is a covenant in the Lease, it needs to be complied with, I'm afraid.

I hope this assists.

Kind Regards

AL

Customer: replied 3 years ago.

Thanks


Some times the lease stipulates that freeholder consent required and then further written 'not to unreasonably be witheld'


Who decides whats reasonable? Its more complicated when the freeholder are the long lease holders as oppose to a commercial landlord

Customer: replied 3 years ago.

Also , if there where to be 100 share of freehold lessees, would you require all 100 to consent to alteration, wouldn't 99 be enough?

Expert:  Aston Lawyer replied 3 years ago.

Hi,

In large Blocks of Flats, the Freehold would normally be registered in the name of a Company, and you would just apply to the Company or their Managing Agents for consent to alterations, so not all the residents would thankfully have to consent.

Kind Regards

AL

Aston Lawyer and other Property Law Specialists are ready to help you
Expert:  Aston Lawyer replied 3 years ago.
Hi Adam,

Can I be of any more assistance to you?

Kind Regards
AL