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Freehold Enfranchisement

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Jane,
09 July, 24
Courteous, fast and competent service
I would definitely recommend Lawhive also for the way the service is structured with a quick initial call and then their online private chat, which saves unnecessary costs, time and provides the kind of flexibility to follow the case when it’s more convenient to you.
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12 July, 24
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Great service, excellent communication, very accommodating with timing and date requests. All done efficiently. Highly recommended.
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23 July, 24
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26 July, 24
Had a great experience with Lawhive
Had a great experience with Lawhive, not only did I get a great price compared to everywhere else I looked, but my assigned solicitor was amazing and super helpful every step of the way. I even got my wanted outcome with my custody case in the end.
Danny,
27 July, 24
Exceptional Support
I recently used Lawhive to assist with my British citizenship application, and the experience was fantastic. My lawyer was incredibly helpful and kind throughout the entire process.
Angels,
29 July, 24
We had a very good experience with…
We had a very good experience with lawhive our solicitor was kind attentive and quick. She gave us all the relevant information and advice and sorted out our matter in a clear and straightforward manner. We are very grateful and pleased that we chose your services and would highly recommend.
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About

A freehold enfranchisement is a legal process that allows a leaseholder to buy the freehold of their property. This is a complex process and in many cases requires the assistance of a solicitor to ensure that any documents are legally binding.Next steps

How much does help with Freehold Enfranchisement cost?

The cost for a licensed solicitor to help with Freehold Enfranchisement is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £112-£149 but in some cases it could cost as much as £186.

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What our leasehold enfranchisement solicitors can help with

Freehold enfranchisement is a process that allows leaseholders to purchase the freehold of their property, allowing greater control over its management. Our team of expert leasehold enfranchisement lawyers can help you with:

Buying the freehold for a flat block (collective enfranchisement)

Our solicitors can help in situations where leaseholders want to club together to buy the freehold for their flat block. This is known as collective enfranchisement. It gives leaseholders several benefits, including longer leases and in certain circumstances no ground rent.

Right to manage claims

When leaseholders want greater control of their building’s management, they can make right to manage claims. This is a legal process where leaseholders can assume the right to take over the management of a building from a leaseholder.

Rights of first refusal

Under the Landlord and Tenant Act 1987, landlords are legally obliged to offer leaseholders the option to buy their property’s leasehold before offering it to a third party. Our solicitors can help by advising leaseholders on whether rights of first refusal apply, assisting with offer notices, working with valuation firms and more.

Court and tribunal proceedings

The First-Tier Tribunal (Property Chamber) court is where freeholders and leaseholders resolve enfranchisement disputes. Our leasehold enfranchisement solicitors can represent leaseholders in legal battles with advice and court representation if Alternative Dispute Resolution (ADR) such as negotiation and mediation fail.

Lease extensions for houses or flats

Our network of solicitors can also guide you through the process of extending a lease. For example, they can help in negotiating an extension with the landlord to coincide with a sale.

How leasehold enfranchisement lawyers can help with disputes

Leasehold enfranchisement can be a complex area of law and disputes can arise. Our property solicitors are on hand to guide you through the pitfalls and advise you on common disputes. Some of the most common conflicts include:

  • Valuation disputes: An initial valuation of the property by a qualified valuer is essential, though this isn't always an exact science. Your solicitor can assist in handling disputes over the valuation through negotiation and mediation.

  • Service charge disputes: Disputes may arise when it comes to settling service charge or ground rent payments. The freeholder may expect payments for services, repairs, maintenance or insurance as specified under the existing lease.

  • Challenges to eligibility: Solicitors can advise when there are disputes over the eligibility of the leaseholders or the property for enfranchisement. They can advise on your suitability for enfranchisement, such as by confirming if at least two-thirds of the leaseholders in a building are qualified tenants.

  • Timeline disputes: Occasionally, there are instances when the freeholder might put pressure on leaseholders to force a transaction. Your solicitor can guide you on appropriate timelines and if this freeholder's request is lawful.

Why choose Lawhive for a freehold enfranchisement solicitor?

We're not like your typical law firm. We have a network of licensed solicitors and can pair you with the right expert for your case. Below are just a few of the reasons why you might like Lawhive:

  • Experts in property law: Our team of solicitors are a dab hand in property law. They understand the full collective enfranchisement process and can help you make a decision that's practical and cost-effective.

  • Transparent pricing: We'll provide you with an instant fixed-fee quote for your case. There's no obligation to commit and no paying by the hour.

  • Cheaper on average: Typically, a Lawhive solicitor can be up to 50% cheaper than a traditional law firm. You'll get the same level of experience and quality legal advice, for less.

Every collective enfranchisement case will be unique and the average costs can vary widely. However, you can still expect typical leasehold enfranchisement solicitor fees, these include:

  • Standard legal fees: This includes the preparation and review of contracts and for handling negotiations.

  • Valuation and survey costs: You will have to pay costs to obtain a professional valuation of the freehold and any survey fees that may be required during the purchase process.

  • Disputes: Disputes can create additional legal costs that will be difficult to predict, especially if you go to a tribunal.

  • Ongoing costs: Leaseholders that acquire their building’s freehold may have to pay costs for maintenance of communal areas and have property management responsibilities.

Using Lawhive

Transparent fixed-fees

Know exactly what you will pay. On average 1/3 of the cost of a high street firm

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Receive a custom quote in as little as 5 minutes. No hassle, no obligation.

Conveniently online

Follow your case from the comfort of your home with our online platform.

Brilliant support

Our world-class support will be with you every step of the way.
Traditional Law Firms

Pay by the hour

Hourly charges mean costs are hard to predict and you could be charged more than you expect.

Frustrating

It can be take days or weeks to hear updates from your solicitor.

Outdated and offline

Offline and slow procedures will require you to visit firms in-person.

No support

No dedicated support team. You'll have to deal with issues on your own.

The leasehold enfranchisement process explained

The leasehold enfranchisement process is complex, so it helps to break it down. Here's a quick overview of the step-by-step process:

  1. Initial valuation: You'll need to obtain a professional valuation, this allows you to determine the price of the freehold to shape the offer you'll make to the freeholder. Expert valuers will take into account the lease length, ground rent, and property market value.

  2. Serving the notice: Serve the legal notice to inform your freeholder that you wish to purchase the freehold. A formal notice known as a Section 43 notice should be sent to your freeholder.

  3. Freeholder’s response: Freeholders must reply to the notice in a set way. They must reply with a counter notice within the timeline specified in the original notice. It should include the freeholder's counter offer or proposed price for selling the freehold.

  4. Negotiation and agreement: The negotiation process sees leaseholders and freeholders negotiate the final terms of the purchase. Both sides typically use the services of a solicitor and valuer to negotiate the finer points of the price and lease conditions. If the matter cannot be resolved, it may be referred to a tribunal to make a final binding decision.

  5. Completion: If successful, the purchase will be completed. This includes the transfer of title and registration with HM Land Registry.

Eligibility for freehold enfranchisement

The eligibility criteria for leaseholders seeking to purchase the freehold of their building include:

  • A minimum lease term of 21 years when you first took out the lease

  • You own the flat - shared ownership owners can only apply when they have ‘staircased’ to 100% ownership 

  • Own a maximum of two flats in your building

  • The building must contain at least two flats

  • No more than 25% of the building can be used for non-residential purposes (offices, shops)

  • At least 50% of leaseholders must club together and agree to buy their freehold to make collective enfranchisement possible

What happens if the freeholder refuses to sell the freehold?

A freeholder can only refuse to sell a freehold legally if the leaseholders are not eligible to purchase it. In some instances, a landlord may sell an interest in a freehold which should have been subject to the current freeholder’s right to refusal. When this occurs, if more than 50% of the leaseholders agree, they can serve an information notice on the new freeholder, this obliges them to give the leaseholders details of the sale.

The benefits of freehold enfranchisement are tempting for flat owners. The ability to easily and quickly extend a lease without high costs or a long waiting time is very attractive to those who want to pass property on to the next generation. 

If you're looking to join your fellow leaseholders to take over the freehold of your building, we're here to help. Start your free legal assessment today and we'll provide you with an instant fixed fee quote. It's as easy as that.

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