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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can a leasehold co. stop you from buying the lease of your

Resolved Question:

Can a leasehold co. stop you from buying the lease of your property. The answer i got from the leasehold co for our property was we are not voluntarily selling at the moment....see your solicitor
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Can you confirm this is a residential property please rather than commercial?Are you seeking to buy the freehold or extend your lease?
Customer: replied 2 years ago.

It is a residential property and we want to buy the freehold

Expert:  Joshua replied 2 years ago.
Thank you. How many flats are there in your block please?How many of those flat owners wish to buy the freehold with you if any?Is there any commercial space in your block - e.g. a retail premises on the ground floor?Is the landlord a private landlord or another type - e.g. a charity or housing association?
Customer: replied 2 years ago.

This is a detached residential house

Expert:  Joshua replied 2 years ago.
Thank you. You have a right to buy the freehold under the Leasehold Reform Act 1967 providing you can show that you meet the following criteria:You must own a long lease of at least 21 years or more in term length.You must have been a leasehold tenant (owner) of the house for at least 2 years at the time you make an application. If you are not able to agree with the landlord vountarily to sell you the freehold at a price you agree between you then you will need to consider invoking your statutory right to acquire by serving a s13 "Intial Notice" proposing a price. Most people choose to appoint a leasehold surveyor to assist them with this because once you serve the notice you are liable for the landlords reasonable costs and you must both comply with a strict timetable to ensure you do not lose the right and have to start all over again. Essentially the process is you serve the above notice and then the landlord has 28 days to either accept or serve a counter notice of an alternative price. If he doesn't respond then you purchase the freehold at the price you proposed. The figure proposed by you must be a realistic figure. If a silly figure is used such as £10 for example, the notice can be invalidated therefore you need to either take advice or conduct some market research before proposing a figure. If you retain a surveyor he will prepare the notice for you and advise on an initial proposal. If you disagree the counter notice you appoint a surveyor to argue your case with the landlords surveyor and attempt to agree a price. If no agreement can be reached the matter is referred to a property tribunal who sets the price. The matter must then be completed within a prescribed period between your and the landlords solicitor. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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