Post Enfranchisement Joining Man Co

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    Post Enfranchisement Joining Man Co

    Hi

    Been a while, but I have been Enfranchised but I have a Leasehold property within the building. What statute do I quote to be invited to become a Member of the Management Company?

    Yes I will not be an executive but a member is better than nothing.

    #2
    Originally posted by Donkin View Post
    Hi

    Been a while, but I have been Enfranchised but I have a Leasehold property within the building. What statute do I quote to be invited to become a Member of the Management Company?

    Yes I will not be an executive but a member is better than nothing.
    More details needed!
    1. Is this a flat, a commercial unit, or a house?
    2. Is the mgt. company owned/run by all the lessees?
    3. If so, how come you aren't already a member?
    4. Is mgt. co. limited by:
    a. shares; or
    b. guarantee?
    5. Was the enfranchisement:
    a. non-statutory;
    b. under LTA 1987; or
    c. under LRHUDA 1993?
    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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    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).

    Comment


      #3
      Originally posted by jeffrey View Post
      More details needed!
      1. Is this a flat, a commercial unit, or a house?
      2. Is the mgt. company owned/run by all the lessees?
      3. If so, how come you aren't already a member?
      4. Is mgt. co. limited by:
      a. shares; or
      b. guarantee?
      5. Was the enfranchisement:
      a. non-statutory;
      b. under LTA 1987; or
      c. under LRHUDA 1993?
      1 Flat
      2 Three flats two Leasehold and one no lease. Management Co Enfranchised, I didn't have a lease but LVT have forced one on me
      3 Was Freeholder without Lease
      4 Shares
      5 1993 Act

      Comment


        #4
        Originally posted by Donkin View Post
        1 Flat
        2 Three flats two Leasehold and one no lease. Management Co Enfranchised, I didn't have a lease but LVT have forced one on me
        3 Was Freeholder without Lease
        4 Shares
        5 1993 Act
        Explain re 'one flat with no lease'.
        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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        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).

        Comment


          #5
          Freehold building separated into three flats in 1978.

          Two flats sold with leases. Third flat not sold for some time.

          Last flat/ freehold sold to me without lease and hence flying freehold.

          Comment


            #6
            Originally posted by Donkin View Post
            Freehold building separated into three flats in 1978.

            Two flats sold with leases. Third flat not sold for some time.

            Last flat/ freehold sold to me without lease and hence flying freehold.
            It's not a flying freehold if someone owns entire building's freehold, as you did.
            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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            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).

            Comment


              #7
              Jeffrey

              Whatever it is called it has very little status in law when you get enfranchised so I have found out.

              The enfranchisement has gone ahead and as we did not have a lease the LVT accepted the one proposed by the Management Company.

              Now I am trying to find if we have a statute right to join the Management Co as they will have a big say on my flat. As I was not a qualifying Leaseholder.

              Comment


                #8
                Unfortunately, I regret there appears you can do very little in this situation, as there is no "right" to have a share in the new freehold company. Had the lessees exercised their rights under Right To Manage legislation, you would have had the right to one share in the Right To Manage company in your capacity as freeholder. However, this is not the case with the right to buy freehold legislation.

                Comment

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