Leasehold Enfranchisement and What is Involved
Before commencing a leasehold enfranchisement, you would do well to be aware of the potential complexities that may be involved. This is in part due to the fact that there are several groups of individuals involved in the process. First are the leaseholders, then the freeholder and then there are also the respective solicitors and surveyors for each party.
Although it is possible to complete leasehold enfranchisement without using a surveyor, in many ways it would be the most sensible thing to employ the use of one. A leasehold enfranchisement surveyor can in many cases take you through what would otherwise be a minefield of difficulties.
The principle reasons for leaseholders to seek a. leasehold enfranchisement is when the leaseholders are leasing flats within a block of flats owned by the freeholder. They would be of the opinion that their financial benefit amongst others would be better served if they owned the freehold themselves.
Leaseholders of the property involved in the leasehold enfranchisement do not have to be resident at the property to engage in a leasehold enfranchisement. Also it is not a requirement that every leaseholder participate in the leasehold enfranchisement, although a minimum of 50% is needed.
There is a lot to be said for enlisting the help of a leasehold enfranchisement surveyor early on in the leasehold enfranchisement proceedings. As the surveyor will have detailed knowledge regarding the property and its structural state, the surveyor is ion a position to offer sound advice regarding the building. In many cases a good leasehold enfranchisement surveyor will complete things so well that there may be no need to go to litigation.
Before even starting a leasehold enfranchisement bid, you need to understand the basic legal requirements. The main ones are that there needs to be at least 2 flats in the property and the lease needs to have had 21 years left on it at the time of taking it out. Additionally at least half of the leaseholders of the property need to take part in the leasehold enfranchisement.
When the freeholder is still living in the property, then instead of a minimum of 2 flats there needs to be a minimum of 5 flats in the property for a leasehold enfranchisement to take place.
There are three aspects that are considered when determining the cost of a leasehold enfranchisement. One is the ground rent capitalization value; another is 50% of the marriage value and lastly the freeholder’s reversion at the end of the lease.






































