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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7481
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I own a leasehold flat in a house divided into two flats. I

Customer Question

I own a leasehold flat in a house divided into two flats. I want to sell the flat and retain the garage. How can I go about this? I have checked the lease. There is nothing saying I can't
But the estate agents say it will be very difficult.
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

Who owns the freehold please?

Kind regards

Tom
Customer: replied 2 years ago.
A missing individual. There is nothing in lease that says need Landlord consent that I can see.
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your reply.

Any variation of the lease will require a deed of variation. The problem with this is that in order for a deed of variation to be effective the lessor and there lessee must both execute the deed of variation.

If one of the less or lessee do not execute the deed of variation then it is not legally binding and the land registry would not register the deed. This means that unless you are able to find missing freeholder then you will not be able to execute a deed of variation and split off the garage I am afraid.

I'm not sure why the freehold is registered in the name of a person who is no longer connected to the property and not involved in its management. Therefore i think you must try to find the person and get them to transfer the freehold into the names of you and any other lessee of the property
Customer: replied 2 years ago.
The agents said a new lease
Would be needed between me and buyer . Want to keep costs to minimum. Is this right?
Expert:  Thomas replied 2 years ago.
Hi

Yes, a deed of variation and a new lease would need to be granted at the same time but both would require the signature of the freeholder. If you can find the freehold them it's a non starter.

The only alternative is to see if you can grant a sublease of the garage to yourself on completion, but the lease will almost certainly rule out a sub-lease\under-lease of part (which is what it would be).

Kind regards


Tom
Expert:  Thomas replied 2 years ago.
Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom

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