After collective enfr., can non-participant lessee buy-in?

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    After collective enfr., can non-participant lessee buy-in?

    Where In a block of flats enfranchisement has already taken place; but a minority of flats did not participate. The freehold reversions of these flats are held (in this case) by a small consortium. If one of the minority wishes to purchase a share in the 'freehold company' and the new lease from the consortium, is the correct method of valuation going to be the same as if it were an ordinary enfranchisement? Which I assume is 50% of the marriage value, plus any other factors such as ground rent, other assets of the freehold company etc..

    I'm not sure that the minority lessee X has a legal right to force him/herself into membership alongside the participants. However, fairest (and simplest) method- assuming that all leases are extended or that all leases are unextended- would be to work out how much less each participant would have paid on enfranchisement had X also then participated. X now pays-in that amount and the participants share it out.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).


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