Joint leaseholder not consulted

[lizard]

I am joint freeholder with my sister of a property. She agreed via e-mail to extend the lease for a leaseholder about 4 years ago, at well under the correct rate for lease extensions. She forgot to consult me about this. This leaseholder managed to sell the property for a higher price on the grounds that the lease extension had been agreed, and then moved abroad and is untraceable. The current leaseholder wants to proceed with the lease extension under the terms agreed with the previous owner. I object to the extension as a) I was not consulted and b) the price is far too low. Would there be any legal ramifications if I refused to go ahead with the entension at the price agreed with my sister? Whilst I want a fair deal, I would not want to cause her any problems

Please help!

[Poppy]

Please share with the members:

1. Do you have an equal share of the freehold?

2. Does your sister still want to go ahead with the premium (price) negotiated?

3. Did your sister’s email specify any time limit on the premium?

4. Did your sister’s email indicate that the lease extension applies solely to the previous lessee?

5. What steps has the current lessee taken so far?

[lizard]

1. Do you have an equal share of the freehold? Yes

2. Does your sister still want to go ahead with the premium (price) negotiated? No, she now realises the error of her ways

3. Did your sister’s email specify any time limit on the premium? No

4. Did your sister’s email indicate that the lease extension applies solely to the previous lessee? No she didn't

5. What steps has the current lessee taken so far? Nothing, as the previous lessee's and my isiter's solictors have been uncontactable for 2 years

[Markonee1]

Hi
I'm no expert so take the following with a pinch of salt...

Rights can be assigned by lessee but:

Rights to land which I think covers lease creation for terms over 7 years needs to be assigned by Deed. Are emails valid yet?
Deed needs to be signed and witnessed by all owners (spouses might be different; but cases seem to lodge in my head where a purchaser found sellers wife retained right of abode) I therefore believe the offer of lease extension is not binding; unless you agreed to it. Only a very clear unambiguous and unqualified side contract by your sister AND YOU would have been sufficient.
Maybe there's an issue if one side sought to misrepresent the situation???

Rambling off:D
Mark

[Poppy]

Lizard wrote: The current leaseholder wants to proceed with the lease extension under the terms agreed with the previous owner.
Poppy asked: What steps has the current lessee taken so far?
Lizard confusingly responded: Nothing, as the previous lessee's and my isiter's solictors have been uncontactable for 2 years

I'll ask the question again. What steps has the current lessee taken so far?

In my layman's opinion, I don’t think the current lessee could argue that the terms in the email was intended to apply to anyone but the addressee. However you must be aware of lessees' rights to a lease extension. I recommend that you look at the Leasehold Advisory Service (http://www.lease-advice.org) website and start learning about your rights and your lessee's rights.

If the current lessee decides to seek a lease extension I think you and your sister should proceed on freshly negotiated terms.

[lizard]

The lessee has not been able to do anything. She has tried to contact my sister's and the previous lessee's solicitor without any joy. As the situation is unusual, her solicitor is unsure as to what to do. Thus she e-mailed my sister to find out what the situation is. However, my sister is yet to reply.

I know that she is now entitled to extend the lease on her own merit as she has now owned the property for over 2 years.