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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10236
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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I have a freehold on a London house arranged as two apartments,

Resolved Question:

I have a freehold on a London house arranged as two apartments, the leaseholders are trying to force me to sell; Leasehold Reform, Housing and Urban Development act 1993.
Are they able to do this?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
Here are the guidelines for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993-
To be a qualifying leaseholder each flat owner must have a long lease, which is a fixed term in excess of 21 years.
But, even if the leaseholder satisfies the above criteria, he or she will not be a qualifying leaseholder if any of the following cases apply:
•the landlord is a charitable housing trust and the flat is provided as part of the charity's functions;
•the leaseholder owns more than two flats in the building;
•the leaseholder has a business or commercial lease.
The building
•there must be a minimum of two flats in the building;
•at least two-thirds of the flats must be leasehold;
•no more than 25% of the internal floor area to be in non-residential use.
There is no right of collective enfranchisement (but there is a right to renew the lease) where:
•the building is a conversion into four or fewer flats and not a purpose-built block and the same person has owned the freehold since before the conversion of the building into flats and he or an adult member of his family has lived there for the past 12 months.
Therefore, unless you match the criteria immediately above, ie you have been the freeholder since the Flats were created, the 2 Leaseholders do have a right to purchase the Freehold.
I hope this answers your question and sets out the legal position.
Kind Regards
Al
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10236
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for the information it seems the leaseholder does have the right to purchase.The only things I could add are twice the leaseholder has declined my offer and decided not to buy now with rocketing London house prices has decided to force me to sell.I believe the house has with no consent has been altered into a single house again. under those circumstances is the leaseholder still able to force a purchase and if so who decides the value
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks for your positive feedback.
So, does the same person own the Leasehold interests in both flats?
If so, and the property has been converted back to a single dwelling, then the right does NOT apply, as there must be at least 2 flats in the building.
I would suggest that you speak to a suitably qualified Surveyor to discuss matters further.
Good Luck.
Kind Regards
Al
Customer: replied 1 year ago.
Re Stanger The Ansons have made structural alterations without my consent what are my options I realise I shall need a surveyor to inspect the house can you reccomend a suitable one . Many thanks for your past efforts I feel much relieved I am 82years old and all this is a bit daunting .Doreen Earp
Expert:  Aston Lawyer replied 1 year ago.
Hi,
Thanks for your reply.
I'm afraid I don't live in London, so don't have any Surveyors to recommend. If you do a google search for "Leasehold enfranchisement Surveyor London" I am sure you will fine one.
Good luck.
Kind Regards
Al
Customer: replied 1 year ago.
I understand you cannot recomend a surveyor but I asked what my options are regarding the assumed alterations i.e.will the lessee have to restore to original or does it in anyway compromise the leasehold .Kind Regards ***** *****
Expert:  Aston Lawyer replied 1 year ago.
Hi,
I hope I have answered your original question, but pleased to assist you with this additional query-
What action the tenant may take and the landlord's obligations, if any, in relation to granting consent to alterations is governed by the terms of the lease. Strictly speaking, the Tenant has breached the terms of the lease which may give you grounds for forfeiting the lease.
Even if the landlord may not be in a position to forfeit the lease, it could issue proceedings seeking an order that your client carry out the necessary works to "undo" the alterations and return the premises to their former unaltered state.
If you were to refuse retrospective consent the Tenant could seek to argue that consent had been refused unreasonably. Whether or not the tenant would be successful would turn on the individual facts of the case, how persuasive the tenant might be and anything that could possibly be offered to the landlord as an incentive - for example an offer to reinstate at the termination of the lease.
You do really need to seek the advice of a specialist Surveyor in this regard.
Kind Regards
Al
Customer: replied 1 year ago.
Thank you for your reply but this is not an additional question but part of my previous query .Regards Doreen Earp

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