Completing a Leasehold Enfranchisement Successfully


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The task of completing a leasehold enfranchisement is in many cases a fairly complex affair. It requires the input of several parties, namely the leaseholders, the freeholder, and the surveyors and solicitors acting for both parties.

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.

A leasehold enfranchisement is very often requested from the freeholder of the property when the leaseholders of the property want to own the freehold of the property, often a block of flats.

Not all the leaseholders need to be living in the property concerned, although they often are. Additionally, not all of the leaseholders of the property are required to participate in the leasehold enfranchisement.

It is quite important to get a surveyor involved in the leasehold enfranchisement process as early as possible. The surveyor will offer detailed advice and should be able to negotiate highly satisfactory settlements without needing to go to litigation. Naturally this will save a lot of time as well as money.

Some of the requirements for completing a leasehold enfranchisement are that there needs to be a minimum of two flats within the property, the original leasehold must have been taken out with a minimum of 21 years left to run on it and a minimum of 50% of all leaseholders need to participate in the leasehold enfranchisement.

If the property was converted into flats by the freeholder and the freeholder is still living at the property, then there is a requirement that there should be at least 5 flats within the property in order that a leasehold enfranchisement can begin.

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.

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