Complex and rooted in a medieval system of land ownership — English property law can be hard to understand. So, the buying journey can seem daunting. Whether you’re looking to buy a luxury city apartment, country retreat, new build or a listed building – understanding the quirks, perks and legal peculiarities is essential.
Providing extensive expertise and experience of English property law, Forsters brings all the advice you need along the buying journey. We help you navigate the intricate legislation and quirky rules you may encounter. Some you may know, some may surprise you, and some may seem strange — but they are all important.
In the run up to our comprehensive guide launch, we will be sharing a selection of our favourite quirks - you can find the first below.
Watch this space for more…
#4 The power of the collective
There are often collective enfranchisement opportunities available for residential leaseholders; a process that allows qualifying leaseholders to purchase the freehold of the building in which they live. Enfranchisement is a complex, multi-party process which can be a minefield for the unwary but with the right advice, it can offer enormous opportunities for leaseholders.
The main advantage of collective enfranchisement is the control it gives leaseholders over the management of the building - whether in relation to the service charge, major works or the general upkeep of the communal areas. As the freeholder, they can delegate management of the building to a managing agent or manage it themselves, but ultimately most major decisions can be made collectively by those leaseholders that are shareholders in the freehold company. With control though comes responsibility and an obligation to deal with any issues that arise which can be problematic if the owners are, for example based overseas.
Another benefit is the option it gives leaseholders to vary their leases. Provided the participating leaseholders are in agreement, leases can be varied to remove ground rent or other unfavourable terms which are onerous for the leaseholders or cause issues with lenders when trying to refinance or sell.
To help you along your buying journey, the team answer some of the most frequently asked questions we receive from our clients
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