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    #16
    If you transfer the freehold into joint names with the purchaser of your flat and say you own it as to 85% and they 15% that will ensure that when the short lease extends you get 85% of that premium

    if you grant an overriding lease you will get 100% of the premium and if you wanted in the future to raise money selling an overriding lease will give you a marketable security whereas an 85% share of the freehold would be nigh on impossible to sell as investors would not be interested

    for those reasons I recommend you consider the overriding lease option

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    • collective enfranchisement
      by flyingfreehold
      Does a leaseholder have to be a registered proprietor to join a collective? Or is it sufficient for her/his/it to be a transferee whose interest is not yet registered?
      21-05-2022, 18:51 PM
    • Reply to collective enfranchisement
      by sgclacy
      I think I have found the answer:-

      Hague - Leasehold Enfranchisement (seventh edition) at 24-01

      It is considered that to be a participating tenant, the lessee must be registered at the HM Land Registry as proprietor of the lease at the relevant date

      The note...
      22-05-2022, 21:37 PM
    • Section 20
      by Anna1985
      So the lease allows for the property to be kept in good condition.
      Thus, the shared hall could be spruced up no problem, but there is an issue with driveway - partially it belongs to the freeholder, partially to the ground floor leaseholder - it is made out of the old paving stones, it looks...
      22-05-2022, 21:03 PM
    • Reply to Old managing agents accounts
      by jazzythumper
      Thanks, how would I do that, what evidence would I need to provide?...
      22-05-2022, 20:10 PM
    • Old managing agents accounts
      by jazzythumper
      Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
      20-05-2022, 11:21 AM
    • Building works & S20 process
      by RichA
      Hi. I have a freehold after selling a leasehold flat in a block of 4 flats. We don't currently have a managing agent, so these duties currently fall to me (I am holding off appointing a managing agent whilst the leaseholders consider whether they want to RTM).

      The block needs some maintenance...
      21-05-2022, 17:20 PM
    • Reply to Building works & S20 process
      by scot22
      What if something goes wrong ? You need a surveyor to safeguard your interests. There are some untrustworthy roofers, and other trades.
      It is better to follow standard procedures. From experience I would not follow informal routes. O.K when everyone reasonable and cooperative but things can...
      22-05-2022, 19:39 PM
    • Reply to Building works & S20 process
      by RichA
      If the work is 'contracted' by the leaseholders rather than the freeholder does that remove the requirement for a S20?

      eg if the 4x leaseholders wish to accept a quote and get the works done (including making payment) does this avoid S20 consultation?
      22-05-2022, 18:51 PM
    • Reply to collective enfranchisement
      by sgclacy
      I think the new lessee is unable to join because of the registration gap

      https://www.birketts.co.uk/insights/...gistration-gap

      the lessees predecessor who is holding the property on trust of course for the new lessee until the registration is complete...
      22-05-2022, 06:15 AM
    • Reply to collective enfranchisement
      by flyingfreehold
      at risk of answering my own question, the leaseholder has to prove title which is a bit difficult if not registered........
      21-05-2022, 21:23 PM
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