From time to time we are instructed by clients who are tenants of leasehold houses in London, to acquire/purchase the freehold. The right to acquire the freehold of a house is conferred by the Leasehold Reform Act 1967. Given the value of properties in London and the difference to market value between a leasehold and freehold interest, this right is invaluable.
The right extends not only to ‘the house’, as it is defined under the Act, but also to ‘the house and premises’. Sometimes interesting issues arise: what happens if within the curtilage of the house there is a separate annex or living accommodation capable of being a house in its own right? To be part of ‘the house and premises’, the premises must be ‘any garage, outhouse, garden, yard and appurtenances’. The right applies to one house only so there is a danger that the other building would be considered outside of the claim, which would mean that the freehold interest for that part would have to be separately negotiated and purchased. Each case will be factually different and certainly great care should be taken in considering the factual background before proceeding with the formal claim.
Lewis Nedas Specialist Property Solicitors
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