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Category: Property Law
Satisfied Customers: 160
Experience:  Expert
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I'm looking to buy a leasehold flat within a building where

Customer Question

Hello I'm looking to buy a leasehold flat within a building where 2 flats are leasehold and 2 freehold. The Leaseholder is unknown so, with respect to maintenance of the roof, there is a contract of shared responsibility between the flats. My query is whether this will render the property unmortgageable in the future (I am a first time cash buyer). many thanks
JA: Where are you? It matters because laws vary by location.
Customer: New Mills, Derbyshire, uk
JA: What steps have you taken so far?
Customer: offer accepted, and contact made with a surveyor
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that's everything, I think
Submitted: 16 days ago.
Category: Property Law
Expert:  Virtual-mod replied 15 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 15 days ago.
I'm happy to wait.
Expert:  Inderdeep replied 15 days ago.

Thank you for your enquiry. I will be assisting you today.

Expert:  Inderdeep replied 15 days ago.

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Customer: replied 15 days ago.
Brilliant, thank you.
Expert:  Inderdeep replied 15 days ago.

Is there a separate freeholder or do you have a share of the freehold?

With enforceability of the covenants these can be enforced under the terms of the lease by the freeholder ultimately.

Expert:  Inderdeep replied 15 days ago.

What steps have been taken to locate the leaseholder? Is the property vacant?

Customer: replied 15 days ago.
the property is vacant as it has been rented out but the owner of the property is still alive and locatable. looking at Land reg documents it looks like in 2002 the freehold was transferred from the building's owner to be shared between the 4 owners of the original flats.
Customer: replied 15 days ago.
my flat is still registered as leasehold
Expert:  Inderdeep replied 15 days ago.

Thank you. So each of you has a share of the freehold. If the leaseholder is breaching their terms of lease you need to formally write to them at the property ( request it be passed on and also get an email address from the tenant) and specify what the concerns are and what you require them to do. Give them some time to respond. If they do not respond then you need to speak with the other joint freeholders about undertaking the remedy works.

Customer: replied 15 days ago.
Thank you. My primary question about the property is whether this set up with the deeds will render the property unmortgageable in future (I am a cash buyer so mot having to go through mortgage checks)
Expert:  Inderdeep replied 15 days ago.

Every lease has enforceability covenants which are undertaken by the freeholder. You have said that each leaseholder has a share of the freehold so that responsibility calls on you all and allows more freedom. The leaseholder is alive and contactable to enforce covenants so it will not make the property unmortgageable.

Customer: replied 15 days ago.
Thank you for your help