collective enfranchisement

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

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  • flyingfreehold
    replied
    Very helpful! Anyone actually know the answer? Lawcruncher ? Stephen?

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  • Tipper
    replied
    Ask lease-advice.org

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  • flyingfreehold
    started a topic collective enfranchisement

    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?

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