If we are talking about what is known as a “long leasehold” flat or apartment (i.e. one that was granted for at least 21 years – as distinct from, say, a monthly tenancy), then on death the flat passes as part of the estate under the will of the deceased.
NB It’s worth noting that there could be conditions on the lease with regard to ownership of the property. In particular there are an increasing number of retirement flats with conditions on who can and cannot own or even occupy the property. Retirement flats often have a minimum age requirement e.g. 55. If you inherit this type of retirement property and don’t fit the criteria, then you will need to sell the property to someone who does fit that criteria.
Can an Executor Extend a Lease?
Many executors are unaware of their rights to extend a leasehold on a residential flat or house, and the useful benefits this can bring. If leasehold residential property forms part of the estate in question, then, as long as the executor acts to start the application to extend the lease by serving the formal notice of claim within two years of probate being granted, they have the same rights as the living homeowner may have had. The deceased person has to have qualified for the lease extension themselves, which usually means having owned the property concerned for at least two years.
Looking for Specialist Lease Extension Advice? Call our Solicitors on FREEPHONE 0800 1404544 for FREE Initial Phone Advice
What Lease Extension Options Are Open to an Executor?
If these conditions are met, the executor has two options. They can either go straight ahead and extend the lease [possibly by making the most of using some of the cash in the estate to pay the freeholder’s premium, surveyors fees and both sets of legal costs], or start the process with the aim of putting the property on the market.
As long as the executor has started the process of extending the lease, this can then be handed onto the person who buys the house or flat. The new purchaser therefore doesn’t have to wait for the two years needed for him to start the lease extension and saves money too.
A property which already has a lease extension underway is worth more than one which does not, and it is more appealing to home buyers too.
Thinking of a Leasehold Extension? Contact our Experts
Here at Bonallack and Bishop, we have a team of specialists in both Leasehold Enfranchisementand Lease Extension – that’s all they do and they can represent you wherever you live in England and Wales – so for FREE initial phone advice just
call our specialists on 0800 1404544 for FREE initial advice or
HOW TO ACCOUNT FOR GARAGES AND OUTBUILDINGS WHEN GOING THROUGH ENFRANCHISEMENT
Collective enfranchisement can be a difficult process, particularly if you’re unprepared. There are a lot of things to remember and to consider when making your initial offer in the Enfranchisement Notice and some of the things which are often forgotten are garages, gardens, outbuildings and other areas of surrounding property. Of course, a block of flats is not just the flats themselves – and these additional areas form part of the freehold must be accounted for when preparing a collective enfranchisement effort.
Additional areas – do you want to include them in your Enfranchisement Notice?
When exercising your right to enfranchise, you may also have the opportunity to buy garages, gardens or surrounding property. So when preparing an offer to buy the freehold on your block of flats, this is something you should consider.
These additional areas can include pathways and walkways, parking areas and forecourts and are often referred to as the ‘appurtenant property’.
If your offer includes wanting to buy this appurtenant property, you must clearly state this in your initial Enfranchisement Notice. Click here to read more about the Enfranchisement Notice
Your garage – is it part of your lease?
When exercising your enfranchisement rights, you legally have the right to force your freeholder to sell you your garage if the lease of your flat include the garage. The two are deemed to be linked and tied, and should you wish to buy it as part of your enfranchisement then your freeholder must comply.
However if the garage and the flat aren’t linked but the lease for the two is held by the same person, the leaseholder is legally entitled to buy the freehold on the garage as well as the flat.
It is worth noting that the leaseholder doesn’t need to purchase their flat or be a participant in the collective enfranchisement effort — the garage is considered enfranchisable separately and the leaseholder could buy it outside the scope of the collective enfranchisement effort if they so wish.
The need for specialist professional help
Professional help is vital at this stage, as you will require a specialist enfranchisement solicitor [or possibly a paid project manager if your block is a large one and none of the leaseholders have sufficient time] to conduct a search of all leasehold titles on the property, including leasehold ownership details for all garages and outbuildings from HM Land Registry.
This is not something which can easily be done by individual leaseholders, nor should leasehold ownership be assumed without first having the official ownership documents obtained from HM Land Registry. The leasehold titles can be downloaded from the Land Registry’s website or an OC1 Form can be sent to them which will enable you to obtain the titles by return of post.
Getting your Collective Enfranchisement Notice right
When preparing your Enfranchisement Notice, you should therefore make sure that, if appropriate, details of two areas of land are included: the first covering the block of flats itself and the second covering the appurtenant property — the garages, outbuildings, paths and parking areas you wish to buy as part of the collective enfranchisement.
If these additional areas of property are not included in the original Enfranchisement Notice, it will be deemed that your sole offer is for the block of flats itself – and that you do NOT wish to purchase the appurtenant property. If this is, indeed, your actual aim then you should explicitly state this in your Enfranchisement Notice.
Having all of the facts laid down in the Notice is vital to ensuring there are no misunderstandings or legal hiccups as the enfranchisement process continues.
Having specialist legal advice from an experienced collective enfranchisement solicitor will help you to avoid any problems throughout the process. A solicitor who specialises in freehold purchase and lease extension work will often save you money in the long run as well as the peace of mind for you and your fellow leaseholders – that the collective enfranchisement effort is being dealt with by the safest possible pair of hands, keeping confidence high and potential disagreements at a minimum. Click here to read more about the enfranchisement notice
Contact Our Collective Enfranchisement Solicitors
Exercising your Right to Enfranchise involves a really difficult of law – so it’s critical that you get the right expert advice. Wherever your block is situated in England Wales, our specialist team can help. For a FREE initial phone consultation from an specialist in Enfranchisement
Call us today on FREEPHONE 0800 1404544 or
email us using our contact form for FREE initial advice and a FREE quote.
Solicitors specialising in leasehold extensions with missing freeholders.
Lease extensions where your freeholder is an absentee and you can’t track them down are more complicated. Why?
Many mortgage lenders simply refuse to lend money is on any leasehold properties with an absentee freeholder – which can obviously seriously affect the chances of a leaseholder in obtaining a mortgage or even marketing the property. This problem is made worse if the remaining lease term itself is relatively short.
It is likely to prove expensive, complex and lengthy to serve a statutory notice enforcing a lease extension if there is no freeholder or their whereabouts is unknown. In the Leasehold Reform (Housing & Urban Development) Act 1993, provision was made for dealing with the problem of freeholder absenteeism by applying for what is known as a Vesting Order through the County Court, which also has the power to grant a dispensation from the requirement to serve notice entirely.
What is a vesting order?
Any leaseholder seeking to extend their lease or group of leaseholders seeking to purchase the freehold of their block or claim the right to manage it, must produce evidence demonstrating reasonable efforts have been made to trace the absent freeholder before a Vesting Order can be granted.
Admissible evidence to prove this includes
providing freehold Office Copies (i.e. Proof of the freeholder’s ownership) showing the last known address of the freeholder,
proving they no longer own that property and have moved to an unknown address, or
providing statements confirming that a visit to the freeholder’s last known address has not provided the leaseholders with a forwarding address.
The County Court will either set a date for the Vesting Order hearing or, alternatively, rule on the basis of the presented facts if the judge is satisfied that reasonable efforts to trace the freeholder have been made.
When your case has been proved, the Court will issue a Judgment setting out that the freehold may be acquired by the leaseholder(s) with funds to be ‘vested’ in the Court and defer the case to the First Tier Property Tribunal [which replaced the old Leasehold Valuation Tribunal or LVT in July 2013] for a ‘reasonable’ premium, in case the freeholder resurfaces in the future.
Vesting orders and your absentee freeholder – is a hearing always necessary?
The First Tier Property Tribunal also hears many absentee freeholder cases without a full hearing by issuing directions for the leaseholders to comply with and timescales for documents to be produced by, such as the County Court Judgment, copy leases, the valuation for the leaseholders and the proposed TP1 land transfer form.
Whilst the leaseholder may, following grant of a Vesting Order, benefit from acquiring the freehold at a relatively low premium and then grant themselves a lease extension for a nominal premium, the procedure, legal costs and sheer aggravation involved could still be significant.
Instruct our team of lease extension, right to manage and enfranchisement experts today who will be able to guide you through this complex process and help eliminate the worry from what can be a stressful situation.
Problems with an Absentee Freeholder? Looking for a specialist Lease Extension Law Firm?
Wherever you live nationwide, if you’re thinking of applying for a lease extension or a collective enfranchisement, call us today – our team are specialists in this really complex field and are happy to provide you with free initial legal advice on the phone.
So for advice from a specialist lease extensions law firm;
Phone our team on FREEPHONE  1404544 for FREE NO STRINGS ATTACHED initial phone advice OR
Do you own a leasehold apartment or flat in Brighton? Are you fed up with the cost of maintenance or with having to deal with a particular difficult freeholder. If so, there is every chance that you could be entitled to buy the freehold of the block using a legal process called “collective” or “leasehold enfranchisement”. And there is a similar right to buy the freehold of a leasehold house.
What’s more, once the collective enfranchisement process is completed, leaseholders have the right to grant themselves 999 year leases for what is known a “peppercorn rent” i.e. nil rent.
You will need the advice of specialist lease enfranchisement solicitors to guide you through the system, and here at solicitors, Bonallack and Bishop, we have a dedicated team of lease extension and freehold purchase specialists who can offer all the expert advice and expertise you could need.
Looking To Buy The Freehold Of Your Block In Brighton? Looking For The Right Legal Advice? Call Us On FREEPHONE 0800 1404544 For FREE Initial Phone Advice.
Getting a Specialist Leasehold Enfranchisement Lawyer
When going through the process of a lease extension or collective enfranchisement, it is crucial that the surveyors and lawyers you deal with are specialists. Why? Well, leasehold enfranchisement is a complex legal area and it involves unusual legal terminology and strict deadlines. The overwhelming majority of property solicitors have very little experience in this area, if any at all. It is therefore important to find the true specialists – and in reality there are so few of them.
Don’t put yourself at a disadvantage without specialist advice – your freeholder will almost certainly have the backup of legal experts. NB it’s also possible to buy the freehold of your leasehold house – click here for more information
Working Together for a Smooth Enfranchisement Process
Your solicitor will also have to work with your chosen valuer [and the project manager if your block is a medium or large sized block] to make sure the enfranchisement goes through without a hitch.
Our legal team works with surveyors who specialise in lease extension and enfranchisement every day of the week – what’s more, if you don’t know which surveyor to appoint in Brighton, just ask us – we know exactly which Brighton-based specialist surveyor to use and, if you wish, we can appoint them and instruct them as part of a one-stop service on your behalf to value the enfranchisement premium you are going to have to pay your freeholder. Click here to read more about the leasehold enfranchisement process
Recognised Leasehold Enfranchisement Experts
It’s not always that easy to find solicitors who have expertise in leasehold enfranchisement.
Here, however, we have 5 strong Leasehold Team who do nothing but help leaseholders nationwide extend their lease or purchase the freehold of their block – taking instructions by phone, e-mail or video call. And over the last 25 years, we’ve both represented numerous freeholders, and leaseholders like you, in many thousands of lease enfranchisement, lease extension and right to manage cases. Currently we are taking about 500 such cases each year.
But don’t just take our word for it. We are the only solicitors nationwide recommended for enfranchisement and lease extension work by the HomeOwners Alliance – Britain’s leading campaigning group for home owners.
And here’s what one of Brighton’s specialist enfranchisement valuers says about us:
“As one of the leading and longest established firm of chartered surveyors specialising in leasehold reform, we have worked with Bonallack and Bishop on many occasions. The process is complex and a procedural minefield. Bonallack and Bishop certainly know the ropes and we have always found them knowledgeable and efficient and a joy to deal with”.
Andrew Pridell, Andrew Pridell Associates Ltd – specialist Lease Extension Chartered Surveyor and Valuer, Hove
We are also members of ALEP (The Association of Leasehold Enfranchisement Solicitors), the only nationwide organisation representing specialist enfranchisement surveyors and lawyers.
Leasehold enfranchisement – what are the pros and cons?
Many leaseholders feel that they would like more control over the management of their property. And if that sounds like you, you have 2 main options. Either you can buy the freehold or you can apply for the ‘right to manage’ the block. But be aware that both options mean that you need to make a joint application with other leaseholders – and that can prove tricky if you come from a large block, because these applications require the support of at least 50% of leaseholders (and both of you if your building has just 2 flats) .
So what are the advantages and disadvantages of going down the collective enfranchisement route?
Freehold purchase – the advantages
• Increase the value of your home: prospective buyers are likely to be more attracted to flats where they will own the freehold.
• Extend your lease for free: if you choose to buy the freehold you will not need to pay a fee to extend your lease and can extend it up to 999 years (with the agreement of your fellow freeholders).
• You don’t pay ground rent: if you own the freehold, you will not need to pay any ground rent.
• You choose service providers: this means you can control the amount you pay in service charges whereas before you paid the service charges determined by the freeholder.
• Avoid conditions: As a leaseholder you are bound by various conditions over repairs and pet ownership for example which can be frustrating having forked out on a home. This is not usually the case as a freeholder, provided the other freeholders either agreed to amend the terms of your lease or not to enforce any restriction.
Freehold purchase – the disadvantages
So far so good, however some elements of freehold purchase are less attractive, for example:
• It’s not cheap: enfranchisement can, depending on the value of your flat, prove quite expensive – but this is almost always exceeded by the value that it can add to your home.
• You are going toneed your neighbours’ help: It can be difficult – especially for those living in large blocks – to draw together a team of people who are willing to engage in collective enfranchisement and who will be organised and co-operative throughout the process. You may even struggle to find the freeholder (though don’t worry if they’re missing – our team can help you through the process to buy a freehold even with an absent freeholder).
• It can be a slow process: leasehold enfranchisement usually takes about 12 months but if your freeholder is uncooperative it can take considerably longer, especially if you don’t instruct specialist solicitors.
• The lease conditions may remain: the conditions of your lease will not change simply because you have bought the freehold, although it is quite common for freeholders to agree lease variations for other freeholders. It is therefore important to instruct an expert solicitor to update unfair or badly drawn-up leases.
• You have responsibilities: as a freeholder you become responsible for setting up and running your new freehold company, keeping the accounts, maintaining the property and securing insurance. This is not for the faint-hearted. it can be a particular strain if the block is a big one or if you have some difficult issues or awkward leaseholders. Failure to properly run the freehold company and maintain their block can have expensive consequences.
• Disagreements may still occur: some neighbours are still likely to complain about service charges once the freehold company has been set up. These disputes may arise between you and other freeholders as well as those who were not party to the collective enfranchisement. And this can be particular difficult if you’re living in the block and the arguments are with your near neighbours or friends.
Flat in Brighton? Looking to Purchase the Freehold of Your Block? Call us today
Exercising your right freehold purchase can prove really complicated – that’s why it’s so important to have an experienced and expert enfranchisement lawyer on your side.
Our team represent have all the expertise you need – representing clients throughout England and Wales. Lease extension and collective enfranchisement is all they do.
So if you are the owner of a flat in Brighton and you want to purchase the freehold [or simply extend the term of your lease];
Call us now on FREEPHONE 0800 1404544 for FREE initial phone advice and a FREE quote OR
There are thought to be around 1 ½ million leasehold flats in England and Wales and many of these are in Manchester. If you live in Manchester and you own a leasehold flat you may be interested in the leasehold enfranchisement process (also referred to as ‘freehold purchase’ or ‘collective enfranchisement’). This right to enfranchise enables you to get together with some of your fellow flat owners to jointly buy the freehold of your block and to gain greater control over your property.
Do You Want to Purchase The Freehold Of Your Block In Manchester? For Specialist Legal Representation You Can Rely On, Call FREEPHONE 0800 1404544 For FREE Initial Phone Advice.
CHOOSE AN EXPERT FOR YOUR LEASE ENFRANCHISEMENT
Having an expert enfranchisement solicitor on board is really important. Why? Because tricky deadlines and complex legislation make lease enfranchisement and lease extension difficult areas of law. And what’s more, very few property solicitors have any enfranchisement experience. However, specialists like those here at Bonallack & Bishop have handled numerous block purchases – so you can rest assured that we have all the experience needed to help you buy your freehold.
It’s also worth bearing in mind the importance of ensuring that you and your freeholder are on a level playing field. Given that whoever owns the freehold of your block is almost guaranteed to instruct a specialist enfranchisement solicitor, it is important that you get advice from a similarly experienced solicitor. A specialist solicitor will understand exactly how to work effectively with your project manager and surveyor to help make sure your enfranchisement goes through at the right price with minimal delay.
THE COSTS OF GETTING IT WRONG
And getting the application wrong or missing one of the deadlines can prove expensive. It could mean that your application simply fails entirely, and you have to start the procedure from scratch, with all the legal costs and delay that entails. And, what’s worse, if property prices are rising, and given that the length of your lease is falling at the same time, you may find that by the time you get your new application in, the actual price of the premium you will need to pay to the freeholder has gone up.
EXPERT LEASE ENFRANCHISEMENT SOLICITORS
• Buying your freehold isn’t cheap – especially if you live in an expensive flat (because one of the factors that affect the price or premium you will need to pay to your freeholder, is the value of your flat). So it’s really important to get the right solicitor on board from day one. solicitor. Our specialist team has over 25 years of experience assisting thousands of freeholders and leaseholders with enfranchisement and lease extension.
• At Bonallack & Bishop, our enfranchisement solicitors really are genuine specialists – our 5 strong team deals with nothing but lease extension, right to manage and enfranchisement work. And we help somewhere in the region of 500 people every year extending their lease or buying the freehold – all the way from single flat lease extensions to the freehold purchase of large blocks
• We are members of the Association of Leasehold Enfranchisement Practitioners – the only nationwide organisation of enfranchisement specialists
• Don’t worry that our team is not local to you – we deal with almost all lease extension and enfranchisement work remotely – taking instructions from clients all over England and Wales by phone, email and Zoom video
• We can handle your enfranchisement from beginning to end – from obtaining the initial valuation, and serving the Enfranchisement Notice, to helping you with formation of your freehold purchase company and registering you as a new owners with HM Land Registry – and even taking your case to the First Tier Property Tribunal in the unlikely event it becomes necessary
Here’s what Tom Jefferies, a specialist Leasehold Barrister from Landmark Chambershas to say about Jenny Slater, the head of our leasehold team:
“I would happily recommend Jennifer Slater for all types of leasehold enfranchisement. She has the knowledge and experience you would normally only find at a specialist London firm.”
DON’T UNDERESTIMATE THE BENEFITS OF ENFRANCHISEMENT
Collective or leasehold enfranchisement [as the process of joining together with some or all of your fellow leaseholders to jointly buy the freehold of your block] will increase the value of your flat or apartment and potentially provide you with much greater control over maintenance and service charges for the block.
And you may be surprised to find that, the price you need to pay to your freeholder for a 90-year lease extension may not be that much more than your share of buying the freehold of your block of flats.
What’s more, with slightly bigger blocks, where there are therefore more leaseholders sharing those costs, you may even find that the legal and valuation costs for each leaseholder is actually less than you would pay for an individual leasehold extension – because although the overall legal and valuation bill may be higher, it’s going to be divided between all those participating in the enfranchisement.
So, subject to the issues raised below, you may find that it’s far more attractive to buy your share of the freehold rather than simply extending your lease by a further 90 years.
LEASEHOLD ENFRANCHISEMENT IN MANCHESTER? CONTACT US TODAY
So if you own a flat or apartment in Manchester, and you’re interested in buying the freehold (or just extending the lease):
Call us today on 0800 1404544 or
Email us using our contact form for FREE initial advice and a FREE quote.
According to up-to-date records from the National Statistics Office, there are approximately around 1.5 million long leasehold flats in England and Wales. Bournemouthand the surrounding area has more than its fair share of these flats and apartments – and many of which are going to be eligible for leasehold enfranchisement [also known as collective or freehold enfranchisement, and freehold purchase].
Do You Own a Flat or Apartment in Bournemouth? Want to Buy The Freehold Of Your Block? For Expert FREE Initial Phone Advice, Call Us On FREEPHONE 0800 1404544 or (01202) 834450
DO I NEED A SPECIALIST LEASEHOLD ENFRANCHISEMENT SOLICITOR?
In short, the answer is yes. Why?
o leasehold enfranchisement involves a particularly tricky area of law – in particular, for example, it’s easy to miss critical deadlines, and the law surrounding the exercise of your right to enfranchisement is notoriously difficult to interpret
o most property solicitors come across enfranchisement and lease extension very rarely – and our experience, the vast majority of non-specialist solicitors really struggle to cope with the intricacies of the enfranchisement process
o your freeholder is almost certain to will appoint their own specialist enfranchisement solicitor
o an experienced enfranchisement solicitor can play a crucial role in your enfranchisement team – drafting the legal compensation, cooperating with your surveyor , and you, or your project manager, to control the information flow and to make sure that the whole enfranchisement process goes through successfully
WE ARE COLLECTIVE ENFRANCHISEMENT SPECIALISTS
o There are very few solicitors who specialise in leasehold enfranchisement. The vast majority of property solicitors will not have ever dealt with leasehold enfranchisement – and you wouldn’t want to entrust your freehold purchase to a solicitor using your enfranchisement as a learning experience!
o Here at Bonallack & Bishop, our enfranchisement and lease extension team is based in Salisbury, although we also have offices in Andover, Amesbury and Fordingbridge. Our 5 strong leasehold enfranchisement and lease extension team are real specialists – that’s all they do – and we have experience of helping thousands of leaseholders to with successful lease extension and enfranchisement applications in the last 25 years.
o Our team are also members of the Association of Leasehold Enfranchisement Practitioners [ALEP] – which is the only national group of specialist enfranchisement solicitors and surveyors.
OUR LEASEHOLD ENFRANCHISEMENT EXPERTISE – DON’T JUST TAKE OUR WORD FOR IT
Here’s what a local specialist enfranchisement surveyor says about us:
“I have worked alongside Bonallack & Bishop on numerous lease extension and enfranchisement cases and have been impressed by their efficiency, regular communication and knowledge of the subject.”
Stephen Higley, Smith Robinson Higley Ltd, Chartered Surveyors, Poole
And, what’s more, we are the only law firm nationwide recommended for lease extension and leasehold enfranchisement work by the HomeOwners Alliance, the nation’s leading organisation promoting interests of the UK’s homeowners.
OUR ONE-STOP SHOP ENFRANCHISEMENT SERVICE
We can help you throughout the process – all the way from day one to setting up your new freehold management company.
So if you own a flat or apartment in Bournemouth, and you’re interested in buying the freehold (or simply extend your lease), our team can help you. We are happy to meet you face-to-face, but equally, our team runs most of our enfranchisement work without a face-to-face meeting – taking instructions by e-mail, phone and Zoom video.
Email us using the contact form below and we can give you a FREE no obligation quote for your enfranchisement and answer your initial queries – or we can arrange to ring you back at a time convenient to you, if you prefer.
Do you own a long leasehold flat or apartment [i.e. any residential lease with a term originally granted for over 21 years] inBristol? Do you want to increase the value of your flat? Do you want to take over the right to manage your block from your freeholder? If you can answer “yes” to all three of these questions, then you could well be entitled to buy the freehold of your block of flats using a process called leasehold or collective enfranchisement.
What’s more, we are are there with expert advice right from the initial valuation. And if you can’t get agreement from your freeholder, all the way to theFirst Tier Property Tribunal.
In addition, as part of our one stop shop service,we can introduce you to come and if necessary appoint, a member of our specialist panel of collective enfranchisement surveyors – because you are going to need an expert valuation and very few surveyors have the necessary experience or skill.
Looking To Buy The Freehold Of Your Block In Bristol? Looking For Specialist Solicitors? Call Us On FREEPHONE 0800 1404544 For FREE Initial Phone Advice.
Use a Specialist Enfranchisement Lawyer
If you are going through the process of lease extension or enfranchisement, it’s important that you deal with a specialist surveyor and lawyer. Freehold enfranchisement is a complicated area of the law, and it involves specific terminology and strict deadlines.
Most property solicitors don’t touch leasehold enfranchisement very often if at all, which is why it is so important to find true experts and also why these experts are few and far between. Remember also that your freeholder will have already made the call to get their own specialist solicitors. So don’t put yourself at a disadvantage.
You will also have to ensure that your solicitor will have to work your surveyor to keep the process moving along slowly. Our legal team works with these people every day on lease extension and enfranchisement projects so is in the perfect position to help your enfranchisement too.
Genuine Enfranchisement Experts
It’s not always that easy to find a specialist freehold purchase solicitor. Here we are one of very few law firms nationwide with a team of lawyers who dedicate their entire working week to helping with leasehold extension or collective enfranchisement alone.
You can tell we are genuine specialists – because we are the only law firm nationwide recommended for enfranchisement work by the Homeowners Alliance – the biggest organisation representing the U.K.’s home owners.
We are members of the Association of Leasehold Enfranchisement Practitioners (ALEP) which is a body comprised of specialist surveyors and freehold purchase lawyers.
But don’t just take our word for it. Click here to read about what some of our clients and the Expert Enfranchisement Valuers we work with say about us.
Enfranchisement – Our One-Stop Shop Service
If you wish, we are able to handle your freehold purchase from day one until completion. This includes instructing a specialist surveyor to provide an initial valuation, drafting a participation agreement (essential to keep everyone on board if you’re in a big block) and serving the enfranchisement notice all the way to negotiating a price with your freeholder, setting up your new freehold company and registering you as the new owners of the block HM Land Registry.
And in the unlikely event that there is a dispute with your freeholder, we can even represent you at the First Tier Property Tribunal – though we are pleased to say that around 95% of our cases are sorted out without the need of any Tribunal application.
Live in Bristol? Looking to Purchase the Freehold of Your Block? Contact Us Now
Exercising your Right to Enfranchise is a complicated process and it’s really important to make sure you have specialist legal advice.
Our specialist team represent clients throughout England and Wales. So if you own a flat in Bristol and you are looking at enfranchisement;
Call us now on FREEPHONE 0800 1404544 for FREE initial phone advice and a FREE quote OR
Birmingham has a population of over 1.1 million people [according to 2018 figures from Birmingham City Council itself]. So, as Britain’s second city, you probably won’t be surprised to hear that there are a huge number of flats in Birmingham, many of which are owned under a long leasehold [i.e. a lease originally granted for at least 21 years] rather than rented from say the local authority or a housing association. In fact according to the 2011 Census, Birmingham had 86,595 purpose built flats – and that’s before you consider consider the tens of thousands of houses that have been converted into flats and the thousands of new builds.
But owning a leasehold flat isn’t like owning a freehold house. You don’t have complete control over your block.. Instead, you have to pay service charges and ground rent to your freeholder – and year by year your lease gets gradually shorter. So when it expires, you end up owning precisely nothing.
Do You Own an Apartment in Birmingham? Are You Interested in Buying The Freehold Of Your Block? For Expert FREE Initial Phone Advice, Call Us On FREEPHONE 0800 1404544
THE ANSWER? FREEHOLD PURCHASE
One way of avoiding these problems with a leasehold property is to join together with some of the other flat owners to buy the freehold of your block – through a process known as leasehold enfranchisement (often referred to as ‘freehold purchase’ or ‘collective enfranchisement’).
If you live in Birmingham and are thinking of buying your freehold, you’re going to need a specialist solicitor – the specialist enfranchisement team here at Bonallack & Bishop can help.
• Your flat will increase in value – and will become easier to sell
• You take over management of your block
• Block maintenance will probably become cheaper, as you organise it yourself
• You don’t have to put up with a difficult landlord
• You can extend your lease up to 999 years
• No more ground rent to pay
• Greater security – as a freeholder, normally only failure to meet your mortgage could cause eviction
WHY A SPECIALIST ENFRANCHISEMENT SOLICITOR IS SO IMPORTANT
You may wonder why any solicitor couldn’t handle your lease enfranchisement. After all, how difficult can it be?
Lease enfranchisement is, in fact, a particularly complicated area of law with tight rules, strict deadlines and a number of traps for the unwary. It is an area of law that very few property solicitors will ever have dealt with – and therefore are unlikely to have sufficient understanding of the issues surrounding enfranchisement.
Given that your freeholder is highly likely to instruct a specialist lease enfranchisement solicitor of their own, you do not want to start on an uneven footing – especially when large financial sums are at stake.
OUR COLLECTIVE ENFRANCHISEMENT EXPERTS
Finding an expert lease enfranchisement solicitor is difficult – the vast majority of property solicitors deal with regular conveyancing of flats and houses, with landlord and tenant issues or deal with commercial property. But not freehold purchase.
• We have a team of five who specialise in nothing but lease extension, right to manage company formation and lease enfranchisement.
• We are the only solicitors are recommended for freehold purchase by the Homeowners Alliance, the largest organisation representing Britain’s homeowners.
• Our team liaise with specialist enfranchisement and lease extension surveyors every single day – so, if you wish, as part of our one-stop shop service, we cannot only introduce you to a specialist local surveyor, we can also instruct them on your behalf.
• We are members of the Association of Leasehold Enfranchisement Practitioners (ALEP) – the only group of specialist enfranchisement surveyors and solicitors nationwide.
• We can handle your enfranchisement from beginning to end – from obtaining the initial valuation, and serving the Enfranchisement Notice, to helping you with formation of your freehold purchase company and registering you as a new owners with HM Land Registry – and even taking your case to the First Tier Property Tribunal in the unlikely event it becomes necessary
• Our dedicated team have helped thousands of clients with successful freehold purchase and lease extension cases over the last 25 years
THE IMPORTANCE OF BUYING YOUR FREEHOLD WITH AT LEAST 80 YEARS LEFT ON THE LEASE
Leaseholders seeking the right to buying the freehold of their block should be aware that it is more expensive once a lease has less than 80 years to run (the same applies if you’re thinking of extending your lease). Sometimes much more expensive.
Why? That’s because where the lease has less than 80 years left on it, your freeholder has the right to charge an additional premium – which is known as the “marriage value”. (The marriage value is valued at half the difference between the property value before and after the leaseholders have exercised their freehold right to bu)y.
In practical terms for most flats, this means each individual leaseholder may have to pay thousands more to participate in the freehold purchase. And that figure only increases as the lease term steadily drops.
Marriage value also applies to lease extension – so if you’re considering the alternative of extending your lease – try to do so before that critical 80 year period.
N.B. There is no marriage value if the unexpired portion of the lease has more than 80 years to run
GETTING OTHER LEASEHOLDERS INVOLVED IN BUYING THE FREEHOLD
If your leasehold enfranchisement is going to be successful, you are going to need the support of at least 50% of leaseholders of the block of flats.
And getting half of all the leaseholders to commit, and remain committed, can be a tricky job with medium and larger sized blocks.
However, the good news is that the freehold purchase process can be started with less than 50% of leaseholders, provided the 50% quota is eventually reached. This is an important point to bear in mind. Often leaseholders will be reluctant to get involved with the collective enfranchisement until they are sure it will go through. This “chicken and egg” situation needs tackling at the early stages of freehold purchase.
One of the best ways of getting people committed to the project is by getting them signed up to what is known as “a participation agreement” – a legally binding contract setting out the details of the planned enfranchisement and who will be involved.
Our specialist team can help you draft a participation agreement that suits your particular circumstances. Click here to read more about participation agreements.
THINKING OF ENFRANCHISEMENT IN BIRMINGHAM? CONTACT US TODAY
Due to the specialist nature of our service, we represent leaseholders and freeholders alike throughout England and Wales – with the vast majority of our enfranchisement cases being run by phone, email or video call.
For FREE no strings attached initial advice and a FREE enfranchisement quote
Leasehold enfranchisement, also known as ‘freehold purchase’ or ‘collective enfranchisement’ allows leaseholders to buy the freehold of their leasehold flat or apartment. If you live in Sheffield and you are interested in the enfranchisement process, our expert lease extension and lease enfranchisement solicitors can help you, increasing the value of your property and leaving you with more control over its maintenance.
Thinking of Buying The Freehold Of Your Block In Sheffield? Need Specialist Legal Advice? Call Our Expert Team On FREEPHONE 0800 1404544 For FREE Initial Phone Advice.
• Lease enfranchisement is a tricky area of law. Few property solicitors have much experience or any real understanding about it.The tight deadlines and complex legislation involved make the process particularly complicated. In fact, the vast majority of property solicitors rarely if ever, come across lease extensions, let alone enfranchisement cases
• It is almost certain that your freeholder will have instructed a specialist solicitor – so it is really important that you make sure that you get similarly specialist legal advice
• A specialist solicitor will fully understand the whole process – and in particular be able to communicate effectively with your surveyor and any project manager choose to appoint (quite important with bigger blocks) to make the process as swift and successful as possible.
PROVEN LEASE ENFRANCHISEMENT EXPERTS
If you choose the team here at Bonallack & Bishop to help you enfranchise your block, you can be sure that you are instructing genuine specialists in their field. As one of the largest teams in the country, our four-strong group of lawyers are dedicated to lease extension, right to manage and enfranchisement work only – that is simply all they do.
Over the last 25 years, thousands of leaseholders and freeholders have benefitted from our team’s experience. And we are also members of the Association of Leasehold Enfranchisement Practitioners, the only organisation of specialist enfranchisement solicitors and surveyors nationwide.
We are the only solicitors recommended for enfranchisement work by the HomeOwners Alliance – Britain’s largest organisation representing the nation’s homeowners.
LEASE ENFRANCHISEMENT IN SHEFFIELD – CONTACT US NOW
When it comes to buying the freehold of your block, we believe it’s much more important to get a specialist than look for a local solicitor to meet face-to-face. Whilst you are more than welcome to visit us in one of our four offices, we run the vast majority of our lease extension and freehold purchase cases with clients nationwide using Zoom video, email or telephone.
So if you own a flat or apartment in Sheffield, and want to know more about purchasing the freehold of your block (or just extending your individual lease), get in touch with our team today
For no strings attached free initial phone advice and an idea of the costs likely to be involved in your project,,
Do live in Leeds? Do you own a leasehold flat or apartment? If so, there is a good chance that you will be eligible to buy the freehold of your block through a process referred to as ‘leasehold’ or ‘collective enfranchisement’. You will need specialist lease enfranchisement lawyers to help you with the process – and here at Bonallack & Bishop, our dedicated team of enfranchisement and lease extension experts have all the expertise you need.
Own a Flat in Leeds? Want To Buy The Freehold Of Your Block? For the Specialist Legal Advice Call Us On FREEPHONE 0800 1404544 For FREE Initial Phone Advice.
MAKE SURE YOUR ENFRANCHISEMENT LAWYER IS A SPECIALIST
When dealing with enfranchisement or lease extension, its really important that both the lawyer and surveyor you choose is a genuine specialist. Why? Because lease enfranchisement is a complicated area of law involving strict procedure and tight deadlines. Most property solicitors have little if any experience of enfranchisement, which is why you need to find genuine specialists.
What’s more, your freeholder will almost certainly have instructed a specialist themselves, so don’t start off at a disadvantage.
Your solicitor will also need to be able to work effectively with your surveyor and project manager to ensure that the enfranchisement process runs smoothly. Our team work with surveyors will it comes to enfranchisement and lease extension every day – so we are perfectly placed to help with your enfranchisement. And if you want us to instruct a solicitor on your behalf to value the premium you will need to pay to the freeholder to buy your freehold, we are happy to introduce you to a genuine specialists – a member of our informal enfranchisement surveyors’ panel, as part of our one-stop shop service.
RECOGNISED LEASEHOLD ENFRANCHISEMENT EXPERTS
Finding specialist leasehold enfranchisement solicitors is easier said than done.
However we have a dedicated team of four enfranchisement and lease extension lawyers who spend all their time helping leaseholders extend their lease or buying the freehold of their block.
We are also members of the Association of Leasehold Enfranchisement Practitioners (ALEP) – the only nationwide organisation of specialist enfranchisement solicitors and surveyors.
And what’s more, we are the only law firm in the country to be recommended for this type of work by the highly regarded HomeOwners Alliance – the only group in Britain to represent, champion and serve the nation’s homeowners and homebuyers.
LEASEHOLD HOUSES – DOES THE RIGHT TO ENFRANCHISEMENT APPLY?
LIVE IN LEEDS? CALL TODAY FOR THE RIGHT LEASE ENFRANCHISEMENT ADVICE
Despite being based in the South West, our clients come from blocks throughout England and Wales – it is not necessary to see us in person.
So if you live in Leeds, there’s no problem – we can keep in touch with you via telephone, email and Zoom video as we do for any of our clients when helping them buy the freehold of their block – wherever they may be nationwide.
For no strings attached FREE initial advice and a FREE quote
• Call us today on FREEPHONE 0800 1404544 for FREE initial advice
• Or email us using the contact form below – or we can arrange to ring you back when it suits you