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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10806
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I own a newbuild freehold house and my garage is leasehold

Customer Question

Hi. I own a newbuild freehold house and my garage is leasehold as it is underneath a coach house flat. The developers recently wrote to me saying that they were selling the leasehold and want to give me first option to purchase it. But the cost of the freehold was 92k to be divided up by 14 properies (who have garages under mumtiple coach houses across the estate). They say if 51% agree to buy the freehold then they can for the 92k and those that dont want to buy will pay for ground rent to a management company that would have to be set up by the 51% group. My question is this: why cant i just buy the freehold for my own garage by myself? Are there implications for having a freehold garage under a coach house when selling later? Thx for your advice.
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

The Developers will be selling the Freehold interest to the whole building so it is not practical or possible for them to sell the appropriate sub sections of the building (ie each garage) to each of the Leaseholder's who own a garage.

What will happen is that if 51% of you agree, the Freehold of the whole building will be bought, meaning that those residents who purchased, won't then have any ground rent to pay on their respective garages and they will also be entitled to receive the ground rent which is payable by the Leaseholders who own the coach houses. The purchasers would have to set up a Management Company in whose name the Freehold will be purchased.

If you decide not to opt in with the purchase, nothing will change, other than you will be paying any ground rent for the Garage to the new Management Company as opposed to paying it to the existing Freeholder/Developer, if indeed you pay any ground rent.

I hope this assists and sets out the legal position.

If so, I would be grateful if you could rate my answer.

Kind Regards

Al

Customer: replied 1 year ago.
Hi. Thx. They are asking for the freehold to be purchased over 7 buildings. So can I go back with just the people with garages in the one building my garage is in and make an offer just on that one building?
Expert:  Aston Lawyer replied 1 year ago.

Hi,

You can certainly ask, but it sounds to me that the Developer wishes to sell them all in one lot, which they are entitled to do. But, ask- you have noting to lose!

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, I would be grateful if you could rate my answer if I have assisted.

Thanks Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, if I have answered your question, I would be grateful if you could rate my answer. Kind Regards Al