A lease is a wasting asset. Although a flat owner may have spent hundreds of thousands of pounds acquiring their lease, in fact it becomes less valuable each year. This is because the term of the lease expires by one year annually. To remedy this inherent unfairness, individual flat owners have the right to ask the building owner to extend their lease. In addition, a group of flat owners acting together can collectively ask to purchase the freehold from the building owner. This process is called enfranchisement. After enfranchising, each participating flat owner owns a share in the freehold and will usually receive a lease extension at no extra cost. Purchasing the freehold or extending a lease will come at a cost, but also serves to protect the value of the property.
This section is packed full of useful hints, tips, how to's and explanations of the concepts behind enfranchisement and lease extensions, the processes involved, the likely costs and the latest legal decisions on the topic. If you still have questions or require further clarification, don't forget to contact us, comment on an article or leave a comment in our forum.
A notice served under a s.13 or s. 42 of the Leasehold Reform, Housing and Urban Development Act 1993 ("LRHUDA") by a company must comply with s. 44 of the Companies Act 2006. Under the Leasehold Reform, Housing and Urban Development Act 1993 ("LRHUDA") both a s.13 notice (an initial notice used to start collective enfranchisement proceedings) and a s.42 notice (the tenant's notice used to start a claim for lease extension) have to be signed personally by "each of the tenants, or (as the case may be) by the tenant, by whom it is given" (s. 99 (5) LRHUDA 1993).
Although tempting for some, Jo Rengger highlights the risks parties take. Negotiating an 'arms length' lease outside the Leasehold Reform Housing and Urban Development Act 1993 (the "Act") might initially appear a cheaper, quicker option but there are potential pitfalls. Parties ultimately have to make a pragmatic decision on global costs but should always consider the following:
A landmark Tribunal decision about a Birmingham block. Just as we thought it was safe that deferment rates were fixed, a coach and horses has come crashing through the door. The story so far: in Sportelli the Upper Tribunal (Lands Chamber) set the rates at 5% for flats and 4.75% for houses.
The recent case of Hosebay Limited v Hugo Benjamin Day and Lady Hilary Maureen Greenslade Day (2009) is the latest judicial offering on the thorny issue of what constitutes house under the Leasehold Reform Act 1967 (the Act).
Alex Greenslade says there is safety in numbers in begotiating a lease extension instead of a freehold acquisition. What is the better option – freehold acquisition or lease extension? In principle, freehold acquisition makes sense since it gives more control of the property to the flat owners than lease extension alone and may add more value.
Yashmin Mistry asks when you should extend your lease? The UK is officially in recession and property prices have reached an all time low; this is not great news. However, this grey cloud may have a silver lining for flats owners with long leases. With a stabilisation of property prices still to come, long leaseholders should seriously consider taking advantage of the slump in property values now and get their leases extended.
Is it time to get extending? Yashmin Mistry asks when you should extend your lease? The UK is officially in recession and property prices have reached an all time low; this is not great news. However, this grey cloud may have a silver lining for flats owners with long leases. With a stabilisation of property prices still to come, long leaseholders should seriously consider taking advantage of the slump in property values now and get their leases extended.
Selwyn Langley explains what to expect from an expert witness. When the LVT was set up these were intended to be user friendly for both Landlords and Tenants and as a result to keep costs to a minimum, and the principal matters where the Surveyor/Valuer may be called on to give evidence are either in the case of enfranchisement or lease extension or in connection with service charge disputes for blocks of flats.
If you're going to fall victim to the recent credit crunch, you might as well do it in style. Fallout from the financial downturn was felt across London's Canary Wharf district, but nowhere was it more obvious than at Ballymore's flagship residential development, Pan Peninsula.
For many people, the summertime means enjoying relaxing picnics in the sun. There is one particular insect associated with this season however, which evokes fear, distress and annoyance in many picnic goers: the common wasp. Despite being a pest species, many people don't realise how interesting and complex these social insects are. So should we treat wasps with fear or admiration?
The recent hike in capital gains tax to 28% by the new coalition Government has been met with caution by the property industry, as it will affect many who have invested in flats.
More financial advisers think their clients should consider commercial property as an investment compared with residential property, according to the latest survey of Independent Financial advisers (IFas) by rEITa.
The latest Government house building data shows that the number of starts rose in the first three months of this year to the best level since the second quarter of 2008. Despite this, starts are currently only running at around 50% of the level achieved at the high water mark of the previous cycle.
The Federation of Private Residents Associations has called for a change to the Landlord and Tenant Act that would allow for ‘reasonable' insulation to be carried out to blocks of flats as part of the service charge.
Mainstay group , the national property management and facilities company, has purchased Market Focus Asset Management (MFAM) based in London. MFAM specialise in the management of mixed use, residential and commercial property.
Over 50 property managers celebrated together in London as England beat Slovenia in the FIFa world Cup 2010. The event was jointly hosted by News on the Block and Sky Homes.
RMG property management has successfully generated over £400k worth of business from the north of England. Justin Herbert, RMG's Operations Director for the North, said: "Customers recognise the benefi t of regular site visits, full transparency and accessibility to Property Managers, quarterly meetings and site audits, as well as the value for money and customer service provided by RMG."
Stonedale, the specialist London based property management company has appointed Andrew Lyle as its new Head of Operations. Andrew boasts a career that spans over 20 years in property management, having worked for a number of high profi le managing agents in London. In the 18 months since joining the Stonedale team as a Senior Property Manager, he has managed developments in Docklands, Limehouse and Clerkenwell.