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Apparently they'll create a 125 year lease (not including the loft space) with the sale and then offer to sell the freehold to us and them downstairs, at an additional premium, with a surveyor assessing the value of the loft space.
dbr-
Negotiate now to buy the whole freehold yourself.
Then if you want to you can sort out sharing it with downstairs once you're in.
It'll cost them and you loads of extra solicitor dollar to create a lease, then even more to sell the freehold to you. All a waste of time and money if you can sling them a few more thousand now to buy the freehold.
Hefty
There's already going to be a lease for the upper flat I'd imagine, even if the owner also owns the freehold of the building.