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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10408
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I want to purchase a flat which is in a house where the

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I want to purchase a flat which is in a house where the ground floor flat is leased for 99 years. I am offered the freehold of the property but the flat I would purchase has a lease deed of 69 years. I have a lender who would be happy to merge the titles but not sure what is the best option.
Submitted: 9 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 9 months ago.

Hi, is there just 2 flats in the building? Who currently owns the Freehold? Kind Regards Al

Customer: replied 9 months ago.
only two flat and current Landlord/seller own freehold
Customer: replied 9 months ago.
Only 2 flats a seller owns freehold
Customer: replied 9 months ago.
Are you still on line?
Expert:  Aston Lawyer replied 9 months ago.

Hi, I am online-sorry, been helping another customer. One more question- do you know why the Freehold is owned only by the Seller of the Flat you are buying, as opposed to it being owned jointly with the other Flat owner? Kind Regards Al

Customer: replied 9 months ago.
Not sure. The other flat was purchase in 2014 when the lease was extended to 99yrs
Customer: replied 9 months ago.
Current seller has owned freehold since ? 2002
Expert:  Aston Lawyer replied 9 months ago.

Hi, thanks for your reply. Well, there is a problem with what the Seller proposes selling to you in that he is not legally entitled to sell the Freehold to you alone- he is under a duty to first offer it to you and the other flat owner. If the other Flat owner does not wish to take up the offer, you would then be entitled to but the Freehold alone. If you get to this stage, the next problem is that if you own both the Freehold and Leasehold. you will not be able to grant yourself a Lease extension. Bearing in mind the first problem, the best and perhaps the only thing to do would be for you and the other flat owner to acquire the Freehold jointly, and you can both then agree to extend the term of each Lease for say 999 years. This way, you have a very good marketable property for the future. I'm afraid the above is not going to be quick and easy to do, and if you are interested in purchasing the Flat, you should have a chat with a local Solicitor who can advise you fully. I hope this answers your question, and am sorry I may not be what yo wanted to hear, If I have helped, I would be grateful if you could rate my answer. Kind Regards Al

Customer: replied 9 months ago.
Hi, Given the late hour I'll view your response tomorrow. Thanks
Expert:  Aston Lawyer replied 9 months ago.

OK, thanks. Al

Customer: replied 9 months ago.
Thank you, ***** ***** assuming that the seller has offered the freehold to current leaseholders. Are you saying he can buy the flat as freehold only if the titles are merged.
Expert:  Aston Lawyer replied 9 months ago.

Hi, you can't merge the titles, as the Freehold will be for the whole building and the Leasehold interest is just for the Flat. Not exactly sure what you are asking when you say "he can buy the flat as freehold.."? Kind Regards Al

Expert:  Aston Lawyer replied 9 months ago.

Can I assist you any further? If not, I would be grateful if you could rate my answer. Thanks Al

Customer: replied 9 months ago.
sorry I was asking if the seller could remove the lease deed and sell the flat as freehold only.
Expert:  Aston Lawyer replied 9 months ago.

Hi, no- the Seller can't "get rid of the Leasehold interest", as any Buyer still needs to have rights to use the Flat and which are contained in the Lease. (Even if it was possible for him to get rid of the Lease, this would mean the Flat would become unmortgageable! I hope this clarifies the position. Kind Regards Al

Customer: replied 9 months ago.
Thanks, ***** ***** clearer now.
Expert:  Aston Lawyer replied 9 months ago.

Thanks. If I have helped, I would be grateful if you could rate my answer, so I can get credited for my time. Good luck! Al

Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10408
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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