Freehold Enfranchisement with Major Works complication.

  • Filter
  • Time
  • Show
Clear All
new posts

  • TomMerralls
    Here's my view from a pratcical perspective.

    If your freeholder decided to carry out the works, unless there is an account with enough funds in it (and controlled by the freeholder), my guess is they will not pay for the works themselves. They will insist you pay the costs up front before entering into a contract with anyone in relation to the works. If this is the case, my inclination would be to avoid paying anything over. If the freeholder decided to bring forfeiture action against you, his forfeiture claim will be put on hold whilst the enfranchisement proceeds. The 1993 Act states so. The forfeiture claim will only go live once the enfranchisement is completed. However, by that time, the freeholder will no longer be your freeholder and too late for him to continue the claim. The freeholder's claim can only be for costs it has incurred OR to compel you to pay the service charges on account of the costs. The later of the two grounds for action (to compel you to pay SC's on account) is only actionable if the freeholder is still the freeholder.

    Leave a comment:

  • dman
    started a topic Freehold Enfranchisement with Major Works complication.

    Freehold Enfranchisement with Major Works complication.


    Myself and 3 other leaseholders are part way through the process of enfranchising the freehold to our house/flats. We have just received the counter offer from our freeholders: We offered 59k and they have come back with 78k.

    Prior to us serving notice on the freeholders they sent us a letter explaining that they were proposing major works the the exterior of our house which would commence in 2009. We just received a letter from them asking for observations and to appoint an additional contractor etc. BUT we don't want to undertake any major works through our freeholders as they are total sharks and have let the house go into disrepair for years, hence the enfranchisement.

    We are going to instruct our surveyors to negotiate with the freeholders on the price now which could take several weeks or longer and it might even go to a tribunal - I suppose this whole process could take another few months and go into 2009.

    Could someone give some advice on our best option to stop the Major Works process ASAP. I am confident that we will successfully enfranchise but if the freeholder starts costly works before the enfranchisement is complete, it will be a financial disaster for us.

    Thank-you in advance for any help/suggestions.

Latest Activity


  • collective enfranchisement
    by flyingfreehold
    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?
    21-05-2022, 18:51 PM
  • Reply to collective enfranchisement
    by sgclacy
    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...
    22-05-2022, 21:37 PM
  • Section 20
    by Anna1985
    So the lease allows for the property to be kept in good condition.
    Thus, the shared hall could be spruced up no problem, but there is an issue with driveway - partially it belongs to the freeholder, partially to the ground floor leaseholder - it is made out of the old paving stones, it looks...
    22-05-2022, 21:03 PM
  • Reply to Old managing agents accounts
    by jazzythumper
    Thanks, how would I do that, what evidence would I need to provide?...
    22-05-2022, 20:10 PM
  • Old managing agents accounts
    by jazzythumper
    Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
    20-05-2022, 11:21 AM
  • Building works & S20 process
    by RichA
    Hi. I have a freehold after selling a leasehold flat in a block of 4 flats. We don't currently have a managing agent, so these duties currently fall to me (I am holding off appointing a managing agent whilst the leaseholders consider whether they want to RTM).

    The block needs some maintenance...
    21-05-2022, 17:20 PM
  • Reply to Building works & S20 process
    by scot22
    What if something goes wrong ? You need a surveyor to safeguard your interests. There are some untrustworthy roofers, and other trades.
    It is better to follow standard procedures. From experience I would not follow informal routes. O.K when everyone reasonable and cooperative but things can...
    22-05-2022, 19:39 PM
  • Reply to Building works & S20 process
    by RichA
    If the work is 'contracted' by the leaseholders rather than the freeholder does that remove the requirement for a S20?

    eg if the 4x leaseholders wish to accept a quote and get the works done (including making payment) does this avoid S20 consultation?
    22-05-2022, 18:51 PM
  • Reply to collective enfranchisement
    by sgclacy
    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...
    22-05-2022, 06:15 AM
  • Reply to collective enfranchisement
    by flyingfreehold
    at risk of answering my own question, the leaseholder has to prove title which is a bit difficult if not registered........
    21-05-2022, 21:23 PM