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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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This questions relates to a property in the UK...My brother

Customer Question

This questions relates to a property in the UK... My brother and I inherited a flat from our mother. We have four people who would like to purchase it to rent out. My mother paid £5,000 a few years ago when the then freeholder offered the freehold to the residents. There is a lease that says a purchaser cannot rent out the flat until they have owned the flat for 2 years. This has cost us three would be purchasers. As my mother bought the freehold along with others does this clause still apply? Is there any way around it so we can sell to someone who wants to rent out the flat? Thank you..David XXXXXXXXX

Submitted: 4 years ago.
Category: Property Law
Expert:  James Mather replied 4 years ago.

Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.


Did your mother own the whole freehold or part of it?


How many other flats are there in the block?


What exactly does the covenant say?We need full background please



Expert:  Nicola-mod replied 4 years ago.

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,