Right for refusal to purchase freehold?
12:01 AM, 1st September 2025, 8 months ago
6
We are leaseholders of three flats within a block. Beneath its are some shops. We found out by accident that the previous freeholder had sold off the freehold of our building to a new freeholder without notifying us.
We as leaseholders have an interest and would have liked to purchase the freehold which, as I understand, comes under Right for Refusal.
We have written to the new freeholder explaining the situation and mentioned that there has been a breach of the Act and that they should sell the freehold to us under the same terms under the Landlord and Tenant Act.
They have ignored all our letters.
Is anyone on here familiar with the leasehold law and how we can move this forward to have them sell us the freehold under the same terms? Apparently, the freehold was auctioned off to them, but they never even informed us of the auction date and location.
We would like to take legal action against them for breach of the Act and to transfer the freehold to us. Any suggestions as to the court forms?
Thanks,
Simon
Tags:
collective enfranchisement, freehold auction, freehold purchase, freeholder breach, housing disputes, landlord and tenant act, leasehold law, leaseholder rights, property law, right of first refusal
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Member Since January 2015 - Comments: 1447 - Articles: 1
10:20 AM, 1st September 2025, About 8 months ago
Contact the Leasehold Advisory Service https://www.lease-advice.org/
Member Since February 2025 - Comments: 69
11:13 AM, 1st September 2025, About 8 months ago
https://www.lease-advice.org/fact-sheet/right-first-refusal/
Member Since September 2025 - Comments: 2
1:42 PM, 1st September 2025, About 8 months ago
The freehold sale may not require leaseholder notification, it all depends on floor area of residential against floor are of commercial.
Best to seek professional advice first before expending time and frustration, I would assume your other 2 leaseholders will contribute to costs
Member Since September 2025 - Comments: 2
10:51 PM, 2nd September 2025, About 8 months ago
Before persuing further check if the previous Freeholder held the freehold within a limited company.
If he sold the holding Limited company then it’s entirely legal as the freeholder is still the same company although it’s shareholders have changed. It’s a common workaround and renders these particular rights of Landlord and Tenant Act worthless.
The key is to check the Freehold owner in Land Registry. If the owner has a different company registration number then you have a chance. Different names don’t have any value as they can be regularly changed but it’s the company number that is pivotal.
Member Since September 2025 - Comments: 2
7:20 AM, 3rd September 2025, About 8 months ago
To expand on my earlier post: The specific notification requirement depends on the proportion of the property used for residential purposes, as the right of first refusal under this Act only applies if the residential use is 50% or more of the building’s internal floor area
Member Since July 2013 - Comments: 1266 - Articles: 1
7:36 PM, 5th September 2025, About 8 months ago
Until the new act is in force it is 75% floor area required