Disclaimed Headlease

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    Disclaimed Headlease


    Several years ago we bought a flat with a long lease.

    In the beginning of this year we got a notification that the Headlease holder of the property has disclaimed their lease due to liquidation. The Freeholder has carried on providing the block management services via the previously appointed management company.

    In the created situation it seems that several obligations under the flat leases may not be enforceable. It also became clear that a number of leaseholders are having difficulties with selling their flats in the recent months.

    In an attempt to resolve the problem a fellow leaseholder has applied for a vesting order for the disclaimed Headlease. Assuming that it is obtained they intend to negotiate the surrender of the Headlease with the freeholder and hopefully this to resolve the problem.

    I would appreciate very much any opinion on the correctness of the selected approach.

    Also in the case that the problem is resolved due to the efforts of one or a nominal group of leaseholders is there a way that the incurred legal cost could be solicited from all leaseholders as they all will also benefit from it.

    Many Thanks,

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