collective enfranchisement

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    collective enfranchisement

    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?



      Very helpful! Anyone actually know the answer? Lawcruncher ? Stephen?


        at risk of answering my own question, the leaseholder has to prove title which is a bit difficult if not registered........


          I think the new lessee is unable to join because of the registration 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


            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



              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..


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