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When is a lease legal?

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  • When is a lease legal?

    I live in the ground floor flat of a maisonette with my mother (who is the owner) and we have just had the outside painted. The owner of the upstairs flat now also wants his flat painted but thinks we need to pay him £300 towards his flat as this would be our payment towards half the cost. The problem is, he's going by the lease that was drawn up but I'm not sure if it is valid as it has the names of the previous owners on it and also a lease which my mother wasn't consulted about so where do we stand on this?

  • #2
    It sounds as though the lease, orininally granted to someone else, has been transferred (or assigned) to the present owner of the upstairs flat - that is perfectly legal and normal

    You way your mother was not consulted when the lease was originally granted but, if she was the freehold owner of the building when the lease was granted, she must have signed it. If she was not the freehold owner then, she would not have needed to be consulted

    If the lease provides for each flat owner to contribute 50% of the cost of the external redecoration, your mother will need to pay half the cost of redecorating the outside of the upstairs flat, but presumably can set against that half the cost of decorating the downstairs maisonette

    I hope this helps
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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    • #3
      Thank you for your help.

      Just one other thing, is it the same if the lease has not been signed at all?

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      • #4
        No, it is not the same: if the lease has not been signed, it is not effective
        This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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        • #5
          Is the lease legal?

          Go to the Land Registry website to check that the resident is the owner of the leasehod interest. It only takes seconds

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