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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10226
Experience:  I have been practising for 30 years.
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House divided into two flats. Freeholder willing to sell freehold.

Customer Question

House divided into two flats. Freeholder willing to sell freehold. One of the two lessees not interested. Can the freeholder sell to the other lessee?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
There is nothing to stop one of the leaseholders owning the freehold of the whole property. However it is problematical if that soul leaseholder also owns the freehold because a freeholder cannot also be a leaseholder of the same property.If you wanted to do what you are proposing, you would need to either buy it with a third party or set up a limited company to own the freehold and the leases would then be under the limited company. You would have course have to submit annual returns to the revenue and companies house for the limited company which may be something that you don’t want to be troubled with.If you did it with another party, it needs to be somebody reliable but is going to hang around just in case anything needs signing in the future. It does however avoid the necessity of having to make limited company returns to companies housecan I clarify anything for you?Please don’t forget to rate the service positive. It’s an important part of the process so that I get my time recognised.Best wishesFES