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Jueyclaire
16-02-2009, 12:44 PM
When we bought our flat our freeholder was called lets say X Ltd.

After a 3 yrs or so they started writing to us as Y ltd.

It appears that they have 'transferred' our freehold to a different ltd company.
No notice or explaination was given.

As ltd companies are seperate legal entities would this be classed as a sale of our freehold.
In which case should the sale of the freehold been offered to the lease holders at the time?

There's a block of 8 maisonettes next to us. We are just 2 maisonettes in a seperate detached building. Originally all 10 properties were with X ltd.
Only the detached building of 2 have been transferred to Y ltd.

To further muddy the waters. The other leaseholder of our 2 has let his lease expire and is now just a tenant of the freeholder. i.e there's no long lease on the upstairs maisonette at all.

Thanks for your help

jeffrey
16-02-2009, 12:59 PM
Depends.
See Part I of LTA 1987. If X and Y have been associated companies for >2yrs., the transfer from X to Y is exempt from 'Right of First Refusal".

Jueyclaire
16-02-2009, 14:05 PM
Both companies registered at the same address and been in existence since 1964 and 1959 respectively.

Guess I can't have them on that one then:(

Worth a go though.

thanks again Jeffrey

jeffrey
16-02-2009, 14:22 PM
Both companies registered at the same address and been in existence since 1964 and 1959 respectively.

Guess I can't have them on that one then:(

Worth a go though.

thanks again Jeffrey
OK. The LTA 1987 text is below- see bit that I've underlined.

4. Relevant disposals.
(1) In this Part references to a relevant disposal affecting any premises to which this Part applies are references to the disposal by the landlord of any estate or interest (whether legal or equitable) in any such premises, including the disposal of any such estate or interest in any common parts of any such premises but excluding:
(a)...; and
(b) any of the disposals falling within subsection (2).
...
(2) The disposals referred to in subsection (1)(b) are:
(a)...; and
(l) a disposal by a body corporate to a company which has been an associated company of that body for at least two years.

(3) In this Part “disposal” means a disposal whether by the creation or the transfer of an estate or interest and:
(a) includes the surrender of a tenancy and the grant of an option or right of pre-emption, but
(b) excludes a disposal under the terms of a will or under the law relating to intestacy;

and references in this Part to the transferee in connection with a disposal shall be construed accordingly.