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James Mather
James Mather,
Category: Property Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I want to give over a 2m space the the tenant of a flat in

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I want to give over a 2m space the the tenant of a flat in my free hold. they have a 125 year lease flowing from a head lease I granted to the developer. The developer has gone into liquidation. The space is only accessible from the flat and will not require maintenance or insurance. If we don't want to go to the expense of finding the owner and altering all the leases can we grant a lease tied to the time left on there lease or could we grant a lenience at will for the period that would give him protection ie 100 and 20 years ?

I'm sorry that I think that some of your typing is gone haywire.
Don't worry, mine does also.

You appear to own the freehold. Please confirm

you granted a lease to a developer who was gone into liquidation.

Who has the lease now?

What exactly is it you want to grant to the leaseholder of one of
the flats?

If you can't find the leaseholder how'd you know that the
leaseholder wants the area?

I'm sure this is relatively straightforward but I do need clear
facts please including detailed background

Customer: replied 4 years ago.

Yes I own the freehold


I don't know who the head lease or if they can be contacted as they went to Spain


I want to grant 2 meters of floor space on the ground floor to flat no. 2 there are six flats in the building.


The free hold has a charge on it from Natwest Bank. when I granted the head lease to the developer there was a space that was already let on a commercial lease so we drew around it on the head lease and flat lease so it was not included. now the commercial tenant has gone it makes seance to let the space to the only person it would benefit tied into the time the existing leases run with out going through the expense of finding and altering all the existing leases as it would be prohibitive. Simon

Does the tenant/leaseholder want this piece?

Why do you is the freeholder have to let it to anyone?

Whatever you do, you are going to need the consent of the bank.

Why would you need to contact all the leaseholders who this does
not affect?

2 m² of floor space is an extremely small space so I'm not certain
why it is so important to take it from what used to be the commercial space and
put it into a residential space.

I'm sorry but at this stage, none of this makes sense

Customer: replied 4 years ago.

Yes the tenant wants it it makes a single bedroom flat into a double.

He will pay me for the space.

it may affects the management company as some things are worked out by floor area. Simon

Thank you.

I can see no reason why this
cannot be done by a simple deed of variation of the leaseholders lease.

Provided it does not affect
anybody else's lease, I cannot see why you need to get hold of all the other
leaseholders or indeed, ask for their consent.

It would depend on how the
service charge is paid for in the lease is but I think in all probability the
easiest way is to simply increase that single leaseholders service charge in
proportion to his floor area. That way it is of no concern to the other


This seems to be very simple and
I can't help feeling that I am missing something. Is there more to it or is the
solicitor just being dilatory?

Customer: replied 4 years ago.

how can I make a variation to his lease without altering the head lease that it sprang from ? and does altering the head lease effect the other tenants leases or need there consent ? its not being able to get hold of the developer or bank who now have the head lease and get their consent that makes that root prohibitively expensive and the reason for my question.


Thank you.

You have missed some information
out then.

Are you saying that you own the
freehold and that you have created a head lease of the whole property to a

The tenants leases come out of
the head lease?

Is that the situation?

In which case, is this 2 m² leased
to the developer or does it remaining your freehold title?

Customer: replied 4 years ago.

the space is now part of my freehold and is not included in any lease. it was not included as part of the head lease at any time.

In which case, you simply create
a lease over the 2 m and the flat then has two titles the problem comes in that
to do the job completely properly, the right to pass from one part of the flat
to the other part of the flat needs to be included in both titles and in that
respect, it will need the consent of the head leaseholder.

From a practical point of view,
it makes no difference but to tie it up legally, it does need to be done that
way however as both properties are owned by the same person than if both leases
of the same period of time, I cannot see that there is a problem with this


Does that answer the question?

Can I assist further?

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