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Buying Your Freehold

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Overview

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.
I am thinking of buying the freehold of my house, do I have to pay the service charges and ground rent while I am negotiating with the landlord?
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.
Elaine Dobson recalls the decisions which developed enfranchisement law.

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Relevant Articles

  Getting noticed: who must sign a notice served by a company in enfranchisement cases?
  The Danger of Lease Extensions outside the act
  Departure from Sportelli as Deferment Rates hiked
  The recent Hosebay Case
  Lease Extensions - Buying in Bulk
  Is it time to get extending?
  When should you extend your lease?
  Q&A: Do I have to pay service charges and ground rent when negotiating purchase of the freehold?
  The surveyors role at the LVT
  The Leasehold Enfranchisement cases that made history
  When is the time to enfranchise?
  How a Hampstead block battled for their freehold
  Tanfield scoops two at Enfranchisement Awards
  Property Slump: the silver lining
  Recognising Excellence In Enfranchisement And Lease Extensions
  What if you get cold feet?
  Demystifying the process
  There is hope outside marriage
  Buying your freehold - The Law in a nutshell
  Damage Limitation
 
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