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  1. No, your property purchase is independent from...

    No, your property purchase is independent from the lease extension. They are two separate transactions. You first buy the lease as it currently stands (70 years remaining) and extend once the...
  2. There is a way to not wait for 2 years before...

    There is a way to not wait for 2 years before extending the lease. Get your vendor to serve notice (section 42) to the freeholder in between exchange and completion with a clause on the contract...
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    Audit fees in service charges

    My freeholder includes audit fees in the annual service charge invoice on the grounds that there is a requirement to audit the income and expenditure relating to the management of the property.

    Is...
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    You cannot stop people having a terrace because...

    You cannot stop people having a terrace because your privacy would be affected. It is up to you to put up whatever is necessary to maintain your privacy. Don't go down this route with the council, it...
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    You can try and report to the council that you...

    You can try and report to the council that you are concerned about the potential risk of vegetation planted in containers falling down and causing damage due to wind or other hazards. The...
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    Well if you don't put up any structures and don't...

    Well if you don't put up any structures and don't do any works to get a proper terrace, then effectively you are simply walking on your roof. Why can't people have the right to walk on their roof if...
  7. The statutory lease extension is for a duration...

    The statutory lease extension is for a duration of 90 years at peppercorn ground rent. This is law. You are free to accept the freeholder's offer but you are also entitled to exercise your right for...
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    I fail to understand how this "roof terrace"...

    I fail to understand how this "roof terrace" interferes with your own property. Are you concerned about the noise of potential parties taking place on the roof or is there something else that...
  9. Fishfingerz, The timing of the lease extension...

    Fishfingerz,

    The timing of the lease extension (section 42 + section 45) is not dependent on your purchasing of the property with a lease of 73 years left. In order to make sure that the vendor...
  10. It is highly unlikely that the exterior of the...

    It is highly unlikely that the exterior of the roof would have been demised to the top floor. Perhaps the inside of the roof has if the top floor flat is directly under the roof with no gap between...
  11. I went through this process myself when I bought...

    I went through this process myself when I bought 73 years left on a lease. First thing to do is to put your offer in. You like the flat, go for it. Once the offer is accepted, get your solicitor to...
  12. Depends whether the roof has been demised to the...

    Depends whether the roof has been demised to the leaseholder or not. The lease should be clear on what's included in the demise.
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    That's an interesting point of view which I...

    That's an interesting point of view which I hadn't thought of.

    Do you mean that the market value of a flat with a lease of 162 years remaining is the same as if the same flat had a share of the...
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    Jointly buying freehold

    Hello all,

    I need some advice please.

    I own a flat in a converted building on a leasehold basis. I extended my lease last year by purchasing the additional statutory 90 years, so my lease now...
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    He needs to work out the financial implications...

    He needs to work out the financial implications of each option and then decide.

    The freeholder is not obliged to sell the freehold. He may grant a lease extension but that comes with a price. If...
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    Are you the leaseholder of the basement flat? Is...

    Are you the leaseholder of the basement flat? Is who you call the "landlord of the above flat" the leaseholder of that flat? If the answer to both questions is yes and the leaseholder above continues...
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    To me, you cannot sublet part of the flat but...

    To me, you cannot sublet part of the flat but only the whole flat.

    Someone more expert than me in this field should confirm.
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    Well that's it, then. You are clearly in breach...

    Well that's it, then. You are clearly in breach of your lease.
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    Based on the above clause, your lease does allow...

    Based on the above clause, your lease does allow pets as long as they are quiet and do not annoy neighbours.

    I would write back to the managing agent and ask them to provide evidence of any...
  20. As far as I can see, the clause that you are...

    As far as I can see, the clause that you are quoting does not allow you to build or extend on demised land or in demised air space, as this is not specifically said. The clause allows you to build...
  21. If the viable space you are referring to is not...

    If the viable space you are referring to is not demised to the lessee (whether the land and/or the air space above it that is reasonably necessary to enjoy the land) and/or the extension would not...
  22. Do you know why the existing leaseholder is...

    Do you know why the existing leaseholder is unwilling to serve a section 42 notice in between exchange and completion?
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    Is the freeholder obliged to consult the...

    Is the freeholder obliged to consult the leaseholders of his/her intention to sell the freehold to be given a chance to buy it if interested or can the freeholder proceed with selling the freehold to...
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    I presume forcing you to terminate your tenancy...

    I presume forcing you to terminate your tenancy agreement with your tenants and pay damages to the neighbour via court action.

    This notice is serious, you should not ignore it. If your tenants are...
  25. It was down to the freeholder at the time of the...

    It was down to the freeholder at the time of the works to give you consent. The current freeholder's opinion is irrelevant. If you have the written consent, even retrospective, of the previous...
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