• Leasehold Consent - Possessory Title & Good Leasehold Title

    By Guest on 27th Aug 2017

    About to exchange contract on a house purchase.

    It's transpired the house is in fact leasehold, with a Good Leasehold Title and Landlord's Possessory Title as of 2016. Freeholder is Fairhold Ltd / Estates & Management.

    Long leasehold remaining (900+ years) and low £3 ground rent.

    We want to extend/perform alterations. Some have already been done (kitchen extension/loft conversion in 2010/2014 respectively) without the landlord's consent.

    Conveyancing Solicitor's can't agree on the leasehold if consent is required, but it appears it is.

    Should we get the seller to check if consent is needed with Fairhold?
    If so, we can't get indemnity. And could take months?
    What can we expect for retrospective consent if we were to deal with it?
    What should we expect in terms of costs and timescales for future consent?
    Does the Landlord's Possessory Title affect our ability to purchase the freehold after 2 years ownership?

    We would be grateful for any advice, as we're stuck in what seems like an impossible situation. Can't afford to take too long to complete as we have a very good buyer (FTB, good price, can wait a few weeks) and it's very much not a buyers market where we are, this wasn't an easy find. We feel like we've no idea what we're getting into and have a very limited budget for the extension work - so need to have an idea of what's to come.

    Thanks.

  • 2 Answers

    By Guest on 29/08/2017

    Further to my original post, I was hoping someone could perhaps shed some light on the wording of the lease.
    This is important as it may invalidate a lot of my questions above.

    The covenant reads as follows;

    "AND ALSO will not without first obtaining the consent in writing of the Lessors build or set up or suffer to be built set up or maintained on the hereby demised land any erection or building other than or in addition to the said demised dwellinghouse and buildings now erected thereon or others substituted therfor [sic] in pursuance of the aforesaid covenants AND ALSO...."

    What does this actually mean, in layman's terms?

  • By Guest on 29/08/2017

    Further to my original post, I was hoping someone could perhaps shed some light on the wording of the lease.
    This is important as it may invalidate a lot of my questions above.

    The covenant reads as follows;

    "AND ALSO will not without first obtaining the consent in writing of the Lessors build or set up or suffer to be built set up or maintained on the hereby demised land any erection or building other than or in addition to the said demised dwellinghouse and buildings now erected thereon or others substituted therfor [sic] in pursuance of the aforesaid covenants AND ALSO...."

    What does this actually mean, in layman's terms?

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