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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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Hi, I have bought a long lease (999 years) on some garages

Resolved Question:

Hi,

I have bought a long lease (999 years) on some garages that border our home.
These garages originally belonged to a residential flat next door.
Do I have Enfranchisement rights on the long lease of the garage block that is next to my house?

See below extract from landregistry that includes information relating to garage situation..

Thanks

Tom





From here "Practice Guide 27 – The leasehold reform legislation"
http://www.landregistry.gov.uk/professional/guides/practice-guide-27

at states:

5.1 Generally

The 1967 Act confers on a tenant of a house for the last two years under a long tenancy at a low rent the right to either:

- acquire, on enfranchisement, the freehold, or
- obtain an extended lease of the house and premises expiring 50 years after the date on which the existing term is due to expire – s.1AA, 1967 Act (as amended).

There is an additional right to enfranchisement in relation to tenancies that fail the low rent test. ‘House’ does not include flats in a horizontally divided building and ‘premises’ includes any garage, outhouse, garden, yard and appurtenances, let and occupied, and used for the purpose of the house (s.2(1) to (3), 1967 Act). ‘Long tenancy’ means any tenancy originally granted for a term exceeding 21 years whether or not it is determinable by notice or re-entry (s.3, 1967 Act (as amended)).
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.

Are they free standing garages (as opposed to a garage with a flat above for example)?

Is there any reason why you would like to enfranchise bearing in mind you have a pretty long Lease!?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 3 years ago.

1) yes they are free standing and they share a boundary with our garden.


2) they are in very poor condition and so I want to rebuild and provide access from our garden (there is non at the moment). I am worried that the freeholder will object to my plans to rebuild them.


 

Expert:  Aston Lawyer replied 3 years ago.

Hi Tom,

Thanks for your reply.

Well, firstly, I am afraid the enfranchisement laws do not extend to "garages" as it only applies to a building which is used as a dwelling place.

As the garages are freestanding, your only bet is to approach the Freeholder and see if he wold be willing to sell the Freehold to you. I don't know if you pay any ground rent on the garages, but if they are not valuable to the Freeholder he may agree. At the end of the day, the decision would lie with the Freeholder.

I am sorry this is perhaps not the answer you were looking for, but it sets out the legal position.

Kind Regards
AL
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