Leaseholders have rights!
Whether you are a first time buyer, downsizing or wanting a city pad, understanding the leasehold system can be confusing. Mary Anne Bowring, creator of www.leaseholdersupport.co.uk unravels the jargon and explains your rights.
With leases getting shorter, leaseholders should be aware of their legal right to extend their lease. To qualify, you now only need to own the lease for 2 years and don't need to live in the property. Your statutory right is an additional 90 years to add to whatever unexpired term you currently hold with ground rent reduced to a peppercorn.
- The Commonhold and Leasehold Reform Act 2002 provides the owners of leasehold properties with the right to manage their own property. It is no longer necessary to prove that the freeholder is at fault or managing the block badly to claim the right to manage. By setting up a Right to Manage (RTM) Company, leaseholders can take over the running of their block.
- If you are concerned that the block is falling into disrepair and the freeholder isn't managing the block effectively then you can apply to the Leasehold Valuation Tribunal to request they appoint a Manager that you propose. Requesting a Court Appointed Manager is different from claiming your right to self manage as there is a need to prove that the freeholder is at fault.
- The right to buy the freehold was given to lessees in 1993. There is no requirement to reside in the flat and you can own the flat through a company. Provided two thirds of the flats have long leases and that 51% of the "qualifying lessees" participate you can force the Freeholder to sell you his title.
Understand your rights as a leaseholder and visit www.leaseholdersupport.co.uk for clear and simple guidelines. Click on the "special offers" button for FREE step by step guides.
Author : Mary-Anne Bowring
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