Q&As

Is it the case in the situation where the freehold of a mixed use 8 storey building is still owned by the developer but there is a headlease over that part comprising the residential flats which is held by a social housing landlord, neither the freeholder nor the social housing landlord are obligated to pay towards either cladding or non-cladding remediation costs? Will a lease of a residential flat within such a building remain a "qualifying lease" if bought by a company if it was such as at 14 February 2022 ie will such a corporate successor in title to the flat continue to benefit from the leaseholder protections conferred by the Building Act 2022? Should a buyer of a flat within an 8 storey mixed use building obtain a leaseholder deed of certificate from the seller establishing that the lease is a qualifying lease for the purposes of the Act as part of the purchase process and should this be served on the landlord or retained in anticipation of any future request by the landlord?

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Published on: 22 March 2023
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Is it the case in the situation

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Jurisdiction(s):
United Kingdom

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