Freehold
The term ‘freehold’ in property law describes the ownership of a property. A freeholder of a property owns the ‘title absolute’ of the property, that is, ownership of the land and any immovable structures attached to it, outright in perpetuity.
The freeholders details will appear on the land registry, and the freeholder is responsible for any maintenance and repair works. Freeholders may also be referred to as 'landlords' or 'lessors'.
A freehold is in contrast to:
- A ‘leasehold’, which describes a lease from the freeholder that enables the leaseholder to use the property for a specified period, after which it will revert to the freeholder. Leaseholders are sometimes also referred to as ‘tenants’.
- A ‘commonhold’, which is a form of property ownership for multi-occupancy properties that enables the collective ownership of the freehold of property.
A leaseholder may be able to purchase the freehold of the property (leasehold enfranchisement). This can be either by agreement with the freeholder, or for houses or flats, can be by right.
A leaseholder may have the right to purchase a freehold if they have owned the lease to a house for at least two years, or, if they own a flat, they may be able to buy it collectively with other leaseholders (see Shelter, Buying the freehold of a house for more information). Leaseholders of flats will also normally have the right of first refusal (RFR) if the freeholder decides to sell the freehold.
Leaseholders are entitled to know the name and address of their freeholder.
Existing leases can also be converted into a commonhold, but this requires the agreement of the leaseholders, landlords and any lenders, which may be difficult to achieve.
[edit] Related articles on Designing Buildings
- Accommodation.
- Buy-to-let mortgage.
- Commonhold.
- Copyhold.
- Housing tenure.
- Land registry.
- Landlord.
- Leasehold.
- Licence for Alterations for Apartment.
- Negotiating a lease.
- Poor drafting of agreements.
- Property guardianship.
- Property ownership.
- Property rights.
- Remortgage.
- Resident.
- Types of building.
- Vacant possession.
- What is an estate?
- What is a mortgage?
[edit] External references
- Shelter, Buying the freehold of a house.
Featured articles and news
Designing for neurodiversity: driving change for the better
Accessible inclusive design translated into reality.
RIBA detailed response to Grenfell Inquiry Phase 2 report
Briefing notes following its initial 4 September response.
Approved Document B: Fire Safety from March
Current and future changes with historical documentation.
A New Year, a new look for BSRIA
As phase 1 of the BSRIA Living Laboratory is completed.
A must-attend event for the architecture industry.
Caroline Gumble to step down as CIOB CEO in 2025
After transformative tenure take on a leadership role within the engineering sector.
RIDDOR and the provisional statistics for 2023 / 2024
Work related deaths; over 50 percent from constructuon and 50 percent recorded as fall from height.
Solar PV company fined for health and safety failure
Work at height not properly planned and failure to take suitable steps to prevent a fall.
The term value when assessing the viability of developments
Consultation on the compulsory purchase process, compensation reforms and potential removal of hope value.
Trees are part of the history of how places have developed.
The increasing costs of repair and remediation
Highlighted by regulator of social housing, as acceleration plan continues.
Free topic guide on mould in buildings
The new TG 26/2024 published by BSRIA.
Greater control for LAs over private rental selective licensing
A brief explanation of changes with the NRLA response.
Practice costs for architectural technologists
Salary standards and working out what you’re worth.
The Health and Safety Executive at 50
And over 200 years of Operational Safety and Health.
Thermal imaging surveys a brief intro
Thermal Imaging of Buildings; a pocket guide BG 72/2017.