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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3655
Experience:  Two years conveyancing experience.
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I own a share of freehold with 3 others. I want to purchase

Resolved Question:

Hello. I own a share of freehold with 3 others. I want to purchase the loft space above my flat. One freeholder objects to everything (never gives any reason) so me and another freeholder are holding a directors meeting to discuss my extension, and his. The dissenting freeholder is not coming to the meeting. We know that we can pass a directors resolution to sell the space to me (and agree the other freeholder's extension - onto his own property) but I'm concerned that the dissenting freeholder will still be able to block it by refusing to sign transfers/lease amendments. Is that the case?
Submitted: 1 year ago.
Category: Property Law
Expert:  Alex J. replied 1 year ago.

Hi thank you for your question and welcome. My name is ***** ***** I will assist you. Under the Companies Act 2006 a company can sign a deed (which a lease or transfer is) by the hand of two directors or a director in the presence of a witness. Is there anything in the articles that says you are excluded from voting on matters in which you have an interest? Cause that could be a main issue. I look forward to hearing from you. Kind regards AJ

Customer: replied 1 year ago.
The articles piece is fine - we can vote if interested etc. What I'm concerned about is if, once the resolution is passed, the other leaseholder can block it by refusing to sign amendments to her lease?
Customer: replied 1 year ago.
Or any transfers that need to be signed by all freeholders? Thank you.
Expert:  Alex J. replied 1 year ago.

Hi thank you. Is the loft space not owned by the freehold company? So is it not part of the freehold? Kind regards AJ

Customer: replied 1 year ago.
Hi. The loft is owned by the freeholder and all leaseholders contribute to the roof upkeep.
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. If the loft is owned by the freeholder, even selling the loft will not a) relieve the other leaseholders of their obligation to maintain the roof - all parties pay for the roof and the foundations and b) selling the loft should not influence the dissenting party's lease, their lease should not need amending, it is only the freehold that will change, as it will be alienating part of what it owns by way of a lease or amendment to your lease.

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