Buying your Freehold

Buying your Freehold – Collective Enfranchisement under the Leasehold Reform Housing & Urban Development

Enfranchisement‘ is a collective right for leaseholders of flats to buy the freehold of the building in which they live.  Subject to a number of qualifying criteria, leaseholders of flats have the right to ‘enfranchise’ – a right to buy the freehold of their building.

The benefit of buying your freehold is that will gain ownership of and control over the management of the building.  You will also be able to grant long leases (999 years) of the flats in the building.

Buying your Freehold

  • Do you qualify to buy your freehold under the Collective Enfranchisement procedure?You will be a qualifying tenant if you are the leaseholder of a flat in the building.
  • How do I start the procedure?The first step in extending your lease is to obtain a valuation of the likely premium payable to extend your lease.Once you have obtained your valuation, it will be necessary to serve a statutory notice on your landlord.See further steps at the given link.
  • Joint Ownership in the names of IndividualsIf you are purchasing a property together, it is necessary to decide whether you are going to hold the property as joint tenants or tenants in common.
  • Joint Ownership in the name of a CompanyLeaseholders who wish to buy their freehold will set up a company who will act as the nominated purchaser in the collective enfranchisement proceedings and will on completion be the registered owner of the freehold interest.
  • Being a freeholderThe freeholders can grant a long lease of the flats at no premium. The only costs you will have to pay will be the legal costs of drafting the variation to the lease and a land registry fee for registration of the new lease at the Land Registry.
  • The Right of First RefusalThe right of first refusal applies to the disposal of any property containing two or more flats held by qualifying tenants providing that more than 50% of the flats in the property are held by qualifying tenants. There are other exceptions as well.

We are happy to discuss your requirements with you and to advise in general terms on all aspects of the transaction and the estimated legal cost. Please either contact us by telephone or email us at: info@ashworths.co.uk

CALL US: 0345 370 1000

FAQs

Conveyancing of a property is a formal term for the paperwork and legalities involved in transferring a property from one party to another, either though buying and selling, or via a rental or leasehold arrangement. A property specialist solicitor’s firm will be able to help with the different aspects of conveyancing.

Residential conveyancing is the name for the legalities and paperwork around buying, selling or renting a domestic dwelling, such as a house or flat, as opposed to commercial offices, retail space or warehousing. A specialist property solicitor will be able to advise on what residential conveyancing services you require, based on your individual circumstances.

There is no single answer to this question as each case will take a different length of time to complete, based on the complexity of the purchase, rental or sale, geographical locations involved and any other issues around surveys, searches and financial arrangements such as mortgages or shared ownership. Your solicitor will be able to advise how long your conveyancing work will take in more detail.

As with any financial decision, it is important to do careful research into potential conveyancing solicitors, including reading reviews, checking that the firm offers the services you require and, above all, trusting your instincts about working with the people involved. To get started, check local business directories, speak to friends and family or contact the Law Society for a list of solicitors in your area.

Purchasing residential property through a company is perfectly possible to do, however, it will require a little more specialist support from a suitable solicitor to ensure that the paperwork is in order. Speak to Ashworths Solicitors to find out how we can help.

In theory, it is perfectly possible to buy or sell a house without the support of a solicitor, and some people are attracted to the chance to save money by ‘going it alone’. However, if you do not have adequate legal knowledge, patience or time to conduct your own conveyancing, it is highly recommended to contact a solicitor to undertake the process on your behalf.

A mortgage is a loan taken out against a property or piece of land to help the buyer have access to enough funds to secure its ownership. The loan is secured against the new acquisition and repayments are made regularly until the mortgage, plus any agreed interest, is paid off. If repayments are not kept up, the mortgage provider can repossess the property in order to get their money back.

When you re-mortgage a property, this means that you take out an additional loan, which is secured against the property, to replace or add to an existing mortgage. The repayment agreements and interest rate can be the same as your existing mortgage, or completely different. These details must be agreed with the re-mortgage provider before the loan is issued to the borrower.

A leasehold property is a building or other assets that are sited on land that is owned by someone else – known as the freeholder. The leaseholder must agree to the freeholder’s terms to ‘rent’ the land on which their property sits, which often involves regular payments and service charges that pay for – or contribute towards – the upkeep of the land.

Shared ownership issues can be complicated to process, so it is highly recommended to engage a solicitor to protect all parties and to spot and resolve as quickly and practically as possible. Choose a specialist property conveyancing solicitor with experience in shared ownership matters, such as Ashworths Solicitors.

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