FAQs Page

Welcome to our Freehold Services FAQ page, crafted to make sense of the often confusing world of freehold acquisition and building management. Understanding freeholds comes with its own set of questions about ground rent, lease extensions, and the role of managing agents. Whether you’re dealing with service charges in a leasehold house, thinking about buying a freehold property, or seeking advice on leasehold issues, our guide is here for you. Our FAQs are designed to offer insights into becoming a qualifying tenant, managing reserve funds for future major works, and how to work with mortgage lenders and the Land Registry.

Freehold Questions Clients Ask

Our FAQs provide detailed information on a wide range of crucial topics for both leasehold and freehold owners. Topics include the basics of paying ground rent and handling service charges, securing lease extensions, interacting with management companies, and understanding the valuation of your property. We also cover how to get consent for major works, participate in collective enfranchisement, and the importance of professional valuations. Additionally, we explain the steps for challenging costs, issuing tenants’ notices, and resolving disputes through the First-tier Tribunal. Our aim is to equip you with the knowledge to confidently manage your property, ensuring you’re ready for every aspect of ownership. If you still have questions, please don’t hesitate to contact us directly for more information or specific advice.

What's the difference between freehold and leasehold?

In England and Wales, there are 2 main types of property; freehold and leasehold. If you own a freehold property, you own the property for an unlimited time period, as well as the land it stands on and the airspace above it.

If you own a leasehold property, you own your part of the building, but (in the case of a flat) not the walls, or building the property is in. The length and terms of the lease were set by the freeholder when the property was constructed or converted. Once the lease expires, you will hand the keys back to the freeholder. Having a short lease or unfavourable terms can cause awful problems for leaseholders, such as difficulty getting a mortgage or problems selling the property.

When you buy your property, the documents provided should detail whether you’re dealing with a leasehold property or if it involves freehold questions, including any ground rent payable or service charges applicable. For lease extensions or information on managing future major works, these documents are key. If you’re uncertain about how to pay ground rent, the role of your managing agent, or the specifics of your leasehold agreement, don’t hesitate to reach out. Simply send us a message, and we’ll assist you in navigating these matters, from understanding service charges to addressing queries with mortgage lenders or planning a freehold purchase. Our team is ready to support qualifying tenants through every step.

You don’t have to buy your freehold, but there are always advantages in doing so. If you are looking to sell or pass on your flat at any point in the future and the lease is approaching (or under) 80 years or has unfavourable terms, this could create problems. A shorter lease property is far less attractive to potential buyers and can cause issues with mortgage companies.

Another reason it could be a good idea to purchase your freehold is if you are unhappy with the current management of the building or are being charged an unreasonable ground rent. Being the owner of the freehold means you can remove these high ground rents, manage the building the way you’d like, and even improve your leases to make the terms fairer for you as leaseholders.

Due to differences in location, price and other factors, there are no fixed costs for a freehold acquisition. Generally, the amount you need to pay the freeholder should be lower for a freehold acquisition than a lease extension, and the benefits are far greater. Fees tend to be similar whichever process you follow.

If you are interested in acquiring your freehold, please send us an enquiry and we can put together a project proposal at no cost.

Purchasing a freehold can be very complex, with many different areas to keep track of. The process requires a lot of interaction with other companies and individuals, but if information is provided promptly by individual leaseholders the process can be very efficient. Via a Section 5 process (if you’ve received a notice), with no protracted litigation you could expect the entire process to be completed within about 8 months. Via the Section 13 process, without protracted negotiation, you could expect the process to complete within about a year. Of course, other external factors can affect the length of the process.

If you live in a block of flats that has little or no commercial space (e.g. a shop on the ground floor), then it is your absolute right to buy your freehold. You will need to get at least 50% of your neighbours together to purchase, but The Freehold Collective can help you with this, it’s not as daunting a task as it sounds.

No! You can buy your freehold at any point, and the price of an acquisition will increase over time, so it is always best to purchase your freehold sooner rather than later.

Whilst there are a number of good intentions in the recently published leasehold reform proposals, the industry opinion is that it is unlikely that these will have a real impact on leaseholders seeking to extend the leases or buy their freehold.

We help you by getting the right information to your neighbours and contacting lawyers and other professionals to carry out the process. Generally, two champion or lead leaseholders will be our main points of contact, but we will explain all major steps to the whole group for you. Provided you are happy with our proposed steps, the time commitment for leaseholders is quite minimal.

Before purchasing your freehold, ensure you’re up to date with ground rent payments as required by current English legislation. Firstly, review your lease agreement for payment details and due dates. Then, contact your landlord or managing agent for payment instructions. Keep records of all payments for future reference. If there are disputes or you plan to buy your freehold, consider seeking legal advice. Staying informed about changes in leasehold legislation, such as the potential for ground rent reform, is also advisable, but payments should always be made on time when correctly requested.

Free Consultation

We’d love to hear from you. Send us a brief message on any leasehold or freehold matter, and we’ll be in touch to book your free initial consultation.

Our free, no obligation, consultation will include:

  • A brief review of the Land Registry information relating to a flat or building
  • A discussion around the specific problems faced by a leaseholders
  • Feedback based on our review Land Registry records and other information relating to your specific flat or building
  • Advice on your options, pros and cons of the the best way to solve your problems and realise additional long term benefits of your property