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AIBU?

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AIBU to ask a leasehold/freehold question

5 replies

cherriesandplums2021 · 18/10/2021 15:22

Apologies if this is in the wrong area and please tell me if I need to move it.

I have two queries:

  1. I bought my leasehold flat last year. I live on top of a shop and there is one other flat above me. I'm thinking about whether I should apply to buy the freehold or share of freehold. However, someone has said that I should hold off as maybe this may all change in the next few years. But I'm not sure how true that is? I'm also not sure my freeholder would let me buy the freehold in any case.
  1. This is more worrying to me. I was just standing outside on my terrace when the freeholder of my neighbouring property was out there with a surveyor. He has a flat roof and is looking to build an extension that would come right along the side of half my flat. I heard his surveyor something like that might block out the light of your neighbour and turned to look at them. The freeholder then asked me I had bought my leasehold from my freeholder and said he was looking to extend in the future. My next question is, does my freeholder have to inform me of any planning permissions/enquiries? If I refused, would I have any right or say in it?

Thank you very much!

OP posts:
cherriesandplums2021 · 18/10/2021 16:38

hopeful bump

OP posts:
Ellmau · 18/10/2021 16:41

Planning permission applications should be circulated to neighbouring residents regardless of ownership and you have the opportunity to object. Current and previous applications and approvals will be searchable on the council website.

LIZS · 18/10/2021 16:47

Anyone can respond to a planning application. There should be a site notice displayed when the application is submitted and you can check your council website for details.

Boomquiffa · 18/10/2021 17:00

I am not an expert but I own a leasehold flat above a shop. My understanding is that you can buy the entire freehold but then you're responsible for the shop lease. Commercial leases are v expensive, the one next door to ours was advertised at £1M. You can't buy a share of the freehold unless the freeholder sells to all leaseholders and the shop lease is usually 10-15 years ish so they won't get involved. At least this is what I was told when I bought although that's >10 years ago now so things might have changed. The Leasehold Advisory Service is a good resource. Did the solicitor you used for purchase not discuss it with you?

cherriesandplums2021 · 18/10/2021 17:15

oh gawd. that's really problematic. the flat above me hasn't been lived in for 10+ years. And yes, pretty sure the shop below me won't be interested in the lease. no my solicitor never made any mention of that!

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