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Copy of leasehold

7 replies

summerson · 19/09/2019 19:48

Hi everyone...

I own the whole freehold of a place split into two (but not the leasehold one of the properties) and want to know what my responsibilities as a freeholder are.

How do I get copies of the leaseholder agreement? I hope that make sense. I can't find anything other than general title deeds from Land Registry...

OP posts:
kirinm · 19/09/2019 20:19

Who did you buy the freehold from? They should have a copy of the lease of both properties.

LBOCS2 · 19/09/2019 20:40

The land registry should have copies of both the title and the lease available. It's likely that your lease is the same as your neighbour's so if theirs is available and yours isn't, get that. As freeholder your basic obligations are to maintain and insure the structure of the building, and enforce the terms of the lease. As leaseholders, you and your neighbours' obligations are to pay monies as demanded for the building maintenance and not be a nuisance to each other! Legislation which is particularly relevant to you is the Landlord and Tenant Act 1985.

Sorry, I've just reread your original post - do you own one of the properties as well or just the freehold? If you just own the freehold, you'll find the leases that the properties are occupied under on the land registry against the individual flat addresses.

summerson · 20/09/2019 10:19

Thank you both for replies!

I own the freehold for both, and leasehold for one flat... actually it's a massive house split into two houses it's hardly a "block of flats".

At the moment Insure the whole building and charge the proportion to the other leaseholder.

As for Maintenence surely it's up to the 999 year other "owner" leaseholder to do their own? like fix the roof or the windows or repointing etc...?

We don't charge any service or management fee etc... I'm going to try the land registry again but from what I could see it didn't have much info on it.

Thanks again for any input or insight

OP posts:
LBOCS2 · 20/09/2019 12:01

No, not at all. It's the freeholder's responsibility to carry out the maintenance of the structure. You need to check the responsibilities in the lease but the windows will be either demised or part of the freeholder's responsibility, and you'll need to act accordingly. The roof is almost certainly a shared cost - same as if you had rising damp. Leaseholder's obligations are very clearly set out in the lease.

summerson · 20/09/2019 12:26

Sounds like a right faff for zero benefit to me! Why would anyone want to retain the freehold then?

Think I'll have to look into getting rid of it! (Next hurdle!)

OP posts:
MinnieMountain · 20/09/2019 12:43

Here: www.gov.uk/search-property-information-land-registry

Click on the leasehold title that come up for the other flat. You should then be able to select "Lease" as a document to buy.

Withington · 20/09/2019 22:08

Because if you're not the free holder someone else is and they could charge you a management or other fee?!

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