Advice on Buying the downstairs part of the house

[the_d_man]

OK so.....

About 2 years ago we bought a flat well more of a maisonette. It is one house, pretty big and we have the top half with our own entrance etc, so no communal areas.

This is where it gets interesting, downstairs lives a tenant owned by a housing association, now what I would like to know is what are my chances of buying the downstairs part which is owned by the housing association? or do i have to wait for it to go on sale?

or ways i can possibly approach the housing association to buy it?

[PlanB]

Re: Advice on Buying the downstairs part of the house

Is your flat leasehold? I expect it is because it's only part of the building. Who owns the freehold? Is it a company or an individual?

If there are only 2 flats in the building (could there be a garden flat with a separate entrance?) then you may be able to enfranchise the freehold. This would make you the freeholder with two leases. One would be yours and the other would be the downstairs flat belonging to the HA.

However you wouldn't be able to terminate the HA's tenant's rights to live there. So even if the HA was willing to sell it to you, it would come complete with the tenant in situ for as long as his tenancy agreement allows. If this is a HA tenancy it may well be an Assured Tenancy which is pretty much 'lifetime'.

Having said all that 'money talks' and the tenant may be happy for you to buy them out on a voluntary basis.

[PlanB]

Re: Advice on Buying the downstairs part of the house

ways i can possibly approach the housing association to buy it?

Of course you can approach the housing association direct to sell the downstairs flat to you but I doubt they would be willing because HAs provide social housing and that's all they do with heavy Government subsidies to do it. They are not like any old property developer. They are strictly non-profit making.

That's why I suggested looking into your option to enfranchise the freehold. You can find out more about that here:

http://www.lease-advice.org/publicat....asp?item=11#2

[the_d_man]

Re: Advice on Buying the downstairs part of the house

ok well good point,,, yes it is a leasehold, and the freeholder is the HA.
I don't mind playing the waiting game because it will be a nice big home if we can get downstairs.

and i don't mind the tenant downstairs we get along with them.

so maybe acquiring the freehold will be a good idea first?

[PlanB]

Re: Advice on Buying the downstairs part of the house

it is a leasehold, and the freeholder is the HA.

. . . . so maybe acquiring the freehold will be a good idea first?

It's hard to answer that question without knowing the sums of money involved. I have a feeling that you may not be able to enfranchise a freehold owned by a social housing landlord Have a read of the link in my last post to check that out or ring that helpline on their website.

[the_d_man]

Re: Advice on Buying the downstairs part of the house

ok thanks, i will do

[the_d_man]

Re: Advice on Buying the downstairs part of the house

Just read this....

"
There is no right of collective enfranchisement where:

• the building is a conversion into four or fewer flats and
• not a purpose-built block; and
• the same person has owned the freehold since before the conversion of the building into flats; and

"

the building is a converted house and it is just 2 flats (so no purpose built)

so that means we can't do it !!!

[PlanB]

Re: Advice on Buying the downstairs part of the house

There is no right of collective enfranchisement where:

• the building is a conversion into four or fewer flats and
• not a purpose-built block; and
• the same person has owned the freehold since before the conversion of the building into flats; and

"

the building is a converted house and it is just 2 flats (so no purpose built)

so that means we can't do it !!!

You've misinterpreted that You need to consider the "and" word which means that's a collective list of negatives not that each or any one of those on the list prevents enfranchisement. I have successfully enfranchised several properties which are in a converted houses not purpose built.

Call the help line and talk it through with them.

As far as I can see the only question is whether the HA owned the property as a single dwelling house before it was converted into two flats.

[the_d_man]

Re: Advice on Buying the downstairs part of the house

you are a very useful man to know

hmm so i need include the "and" into consideration!
I will call them when i have some time.

[PlanB]

Re: Advice on Buying the downstairs part of the house

you are a very useful man to know

Actually Plan B is all woman

[wales01man]

Re: Advice on Buying the downstairs part of the house

Actually Plan B is all woman

PMSL

[PlanB]

Re: Advice on Buying the downstairs part of the house

PMSL

It's not funny. This poster thinks I'm a dog :doggieyes:

Hello and thanks for posting a reply alsation.

[the_d_man]

Re: Advice on Buying the downstairs part of the house

oh my apologies lol....

[PlanB]

Re: Advice on Buying the downstairs part of the house

oh my apologies lol....

No problem beagle puppy :beagle:

[the_d_man]

Re: Advice on Buying the downstairs part of the house

i really don't like our housing association as landlords, they are taking advantage of us with the £500 admin fee and they can't even get our name and sometimes even the postcode correct.
At least if i could do that "enfranchise the freehold" i could have a say in what happens!