inequitable price of freehold shares
inequitable price of freehold shares
I bought a ground floor leasehold flat in a 2-flat conversion in N19 in 2004. The freeholder has now sold the other flat, and is offering me 50% of the freehold. The stated asking price is £10,000 for the freehold, my share being £5,000 plus landlord's legal fees.
I have spoken to the new owner of the other flat, who tells me:
a) the landlords initially offered her the entire freehold for nothing, saying (incorrectly) that I was not interested in acquiring it
b) they then realised, I think, that legally they had to offer me a share, so offered her only 50%, and asked £1,000 for it. Having been offered the entire freehold for nothing, she refused, and they agreed to give her the 50% for nothing (i.e. to include it with her purchase of the leasehold of her flat without increasing the price)
c) They then wrote to me, offering me 50% for £5,000 + legal fees, and stating that they were writing to the purchaser of the other flat in similar form. She has never received a letter of this nature
d) I wrote to the landlord's solicitors, saying that I felt it was inequitable to charge her nothing, and me £5,000, but they have written back saying that negotiations with her are "irrelevant to" my situation
How should I proceed? Is it legal to treat us differently? Can I challenge the price they are demanding? Is it a fair one (I bought my 125-year lease in Sept 2004, and the annual ground-rent is £250)?
I would be extremely grateful for any advice.
Many thanks
I have spoken to the new owner of the other flat, who tells me:
a) the landlords initially offered her the entire freehold for nothing, saying (incorrectly) that I was not interested in acquiring it
b) they then realised, I think, that legally they had to offer me a share, so offered her only 50%, and asked £1,000 for it. Having been offered the entire freehold for nothing, she refused, and they agreed to give her the 50% for nothing (i.e. to include it with her purchase of the leasehold of her flat without increasing the price)
c) They then wrote to me, offering me 50% for £5,000 + legal fees, and stating that they were writing to the purchaser of the other flat in similar form. She has never received a letter of this nature
d) I wrote to the landlord's solicitors, saying that I felt it was inequitable to charge her nothing, and me £5,000, but they have written back saying that negotiations with her are "irrelevant to" my situation
How should I proceed? Is it legal to treat us differently? Can I challenge the price they are demanding? Is it a fair one (I bought my 125-year lease in Sept 2004, and the annual ground-rent is £250)?
I would be extremely grateful for any advice.
Many thanks
farquhc- Posts: 2
Join date: 2008-07-21
Re: inequitable price of freehold shares
I have come across this situation before and the freeholder ended up transferring the freehold title to both leaseholders for NOTHING. This was because one of the leaseholder's had a clause in their contract stating the freehold would be transferred for nothing. The law states the offer must be given to both leaseholders first AND on the same terms as it was offering to your neighbour i.e. for nothing. In other words, if your neighbour has the freeholder bound into an agreement for the sale of the freehold for zero, the freehold MUST offer it to you both for nothing. The freeholder can make a charge for his legal costs.
As to the valuation, seems a bit steep to me, given it appears there is at least 125 years remaining, but this point may be academic if your neighbour has the contractual obligation they can fall back on.
If there is no contract, the freeholder is able to decide on what terms he wishes to dispose of the freehold, provided he serves a right of first refusal on you and your neighbour and on the same terms as the freeholder proposes to dispose of the freehold.
Tom
As to the valuation, seems a bit steep to me, given it appears there is at least 125 years remaining, but this point may be academic if your neighbour has the contractual obligation they can fall back on.
If there is no contract, the freeholder is able to decide on what terms he wishes to dispose of the freehold, provided he serves a right of first refusal on you and your neighbour and on the same terms as the freeholder proposes to dispose of the freehold.
Tom
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Tom Merralls

Tel: 020 8662 6090
email: tom@tjmlaw.co.uk
web: www.tjmlaw.co.uk
IMPORTANT NOTE: MY COMMENTS ABOVE ARE SIMPLY THAT - COMMENTS. THEY ARE NOT TO BE TAKEN AS LEGAL ADVICE, WHICH CAN ONLY BE GIVEN TO FEE-PAYING CLIENTS.
tommerralls- Admin
- Posts: 23
Join date: 2008-04-17

Re: inequitable price of freehold shares
Thanks for this. I will attempt to pursue it on this basis.
farquhc- Posts: 2
Join date: 2008-07-21
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