Sale of freehold - as a leaseholder i wasn't informed

Sale of freehold - as a leaseholder i wasn't informed

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patchb

Original Poster:

995 posts

128 months

Wednesday 28th May
quotequote all
Hoping for some idea of where I stand with the following situation:

I purchased a flat just shy of 6 years ago that had a new lease of 149 years which was purchased by the previous owner shortly before I purchased the property.

The property is a detached house split into a downstairs flat which I own and has garden and a first floor flat with garden situated behind mine.

At the time of sale time the freeholder was somebody that now lived in France and nobody was able to get in contact with them and so my solicitor sorted out indemnity policies etc.


The guy that owns the flat upstairs contacted me last year as he wanted to buy my flat but I wasn't ready to sell it.
I then contacted him this February with a price I would be happy with and is in line with market value (250k)

I heard nothing from him until yesterday - he is now saying he has had his flat valued at significantly less (although upstairs will always have lower value it also has an extra bedroom setup so more desirable) but is also saying he is now the freeholder of the property.

Should I have not been informed of the sale of the freehold and also given an opportunity to purchase myself? I am now worried as if he still wants to buy my flat he would be able to start charging me all sorts of maintenance etc until I am forced to sell to him. Where do I stand with this and where should I go?!

Thanks

bennno

13,744 posts

283 months

Wednesday 28th May
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"If planned work on a leasehold property is projected to cost a leaseholder more than £250, a landlord is required to consult with them under Section 20 of the Landlord and Tenant Act 1985. This consultation process involves providing notice to leaseholders, allowing them to make observations on the proposed works, and sometimes nominating a contractor for the landlord to obtain an estimate."

"In most cases, a freehold cannot be sold without notifying leaseholders and offering them the right of first refusal, according to Biscoes Solicitors. This is because the Landlord and Tenant Act 1987 and Right of First Refusal procedures generally require the freeholder to first offer the freehold to the leaseholders before selling it to a third party. A failure to do so can be a criminal offence."

Houses have generally fallen heavily in the last few months in a stagnant market.

Note, if he now owns the freehold then he has an opportunity to consolidate both flats, gardens etc - might make your flat more desirable.

Sir Bagalot

6,768 posts

195 months

Sunday 1st June
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I'm not sure upstairs is worth less, it's certainly more secure.

Additional bedroom usually means more £££'s

Just get it valued by three agents, take average of all three and offer it to him.

If he says no then just place on open market