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?
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Very helpful! Anyone actually know the answer? Lawcruncher ? Stephen?Comment
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at risk of answering my own question, the leaseholder has to prove title which is a bit difficult if not registered........Comment
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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 may be able to be a party to the collective enfranchisement - whether he can be persuaded to join is another matter
the land registry are still have a huge backlog of work and it may be sometime before the registration is complete
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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
It is only upon registration that the tenant becomes the legal owner if the lease: s22(1) of the Land Registration Act 1925
Hague then directs to the following case
https://leaseholdreformnews.com/mind...outh-east-llp/
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Would be worth applying to HMLR to expedite the application on the basis that collective enfranchisement is contemplated. Recently did the same on a number of pending registrations at the same block and they turned them around within a week. As long as the initial application was defect-free it would speed up the process.
Left to their own devices, HMLR will sit on it for months..Comment
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Dear All
I am in the process of extending the lease informally, however, things got stuck and after 10 months of something that was suppose to be a quick and smooth process I now think we should do a statutory extension. Basically the landlord had a close in the last lease that every next...03-07-2022, 08:23 AM -
I'm sure we can get to the bottom of this but not from the current information available.04-07-2022, 09:11 AM
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This is completely contradictory. You are in breach of the lease and want amendments and then don't want amendments.
What are these breaches that you want to force down the throats of the FH and other lessees?04-07-2022, 08:28 AM -
Hi Sydaton
I am sorry I should have made myself less vague.
Basically the landlord had a close in the last lease he granted to someone else in the house that every next lease needs to be in a substantially the same form (but not identical) as the last lease he granted. In order...04-07-2022, 06:40 AM -
Hi all. I have a question that was not linked to the same subject as my other topic so I figured it would make sense to create a new topic for this one.
I'm in the process of purchasing a flat and I have seen on one of the searches 'Environment' one to be specific - state "Further...04-07-2022, 02:40 AM -
When I was working and environmental searches first started to be available, a company offered a "free sample" and I did a search on the house I had been living in for some 15 years. If I had seen the report before I bought I would have been worried about whether I should proceed! The main...04-07-2022, 06:23 AM
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Nothing to worry about for the usage of the property, but if anything negative is showing, consider the re-saleability of it. If you are worried yourself, will this put off your next purchaser.04-07-2022, 06:07 AM
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Thanks guys, appreciate the insight here.
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04-07-2022, 02:33 AM -
Hi all, so I'm in process of purchasing a flat. I was told (and checked this multiple times with them, what the service charge was because they kept changing it. It was 700. Then 750. Then 850. Then back to 800 depending on who at the estate agency you spoke to... eventually it confirmed at being 800...02-07-2022, 17:21 PM
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I'm confused. When you said, "The landlord solicitor did not agree to any alterations which means that we would be in immediate breach of many regulations if we accepted the lease unaltered." it suggests that you had asked for amendments....03-07-2022, 20:39 PM
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