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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 6437
Experience:  Dual qualified Solicitor and Attorney
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I have owned a leasehold flat for twenty years. The freehold

Customer Question

hello. I have owned a leasehold flat for twenty years. The freehold is owned by all a group of the owners of all the other flats in the building. I asked them if I could buy my share of the freehold and join their group. It is a month since i emailed them and I have not heard anything from them and they are not responding to my emails. What are my rights with this?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have not
JA: Where is the leasehold located?
Customer: In Brighton, UK
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They agreed last year that I could purchase my share for £19, 000 but at the time I could not afford it. I emailed them a month ago to say now i can afford it but they wont reply to my emails.
Submitted: 9 days ago.
Category: Property Law
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Expert:  Jeremy Aldermartin replied 3 days ago.

Hi thank you for your message, I appreciate this is important to you so I will endeavour to give you a quick but clear answer. Please note this is not a chat service so responses may not be instantaneous. The Leasehold Reform Act 1967 (the 1967 act) gives leasehold tenants of houses the right to buy the freehold. The right to buy the freehold without the landlord’s agreement is called ‘enfranchisement’. The right to enfranchise depends on the house, the lease and you meeting certain conditions:

1) The house must be a building which is reasonably considered a house, divided vertically from any adjoining house.

2) It must be a long lease, originally for a term of more than 21 years or with a right to renew (it does not matter if your leasehold interest had less than 21 years on when you took over provided the original leasehold grant was for more than 21 years)

3) You must be the leaseholder of the house at the time you apply for enfranchisement, and must have held the lease for the past two years.

The price for this is complicated but as the freeholders have given you a purchase price you might not be too concerned about this. You cannot force the freeholder to respond but you may wish to engage a solicitor to contact them who can oversee the purchase and registration of your freehold interest for you. Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.