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I regularly deal  with leasehold flat owners who are individually enfranchising by buying a lease extension for their flat. In doing so, they often enquire about collectively enfranchising by joining with fellow flat owners to buy the freehold and I am often asked to advise on the competing merits of individual and collective enfranchisements. An Individual Claim The major advantage of an individual lease extension over a collective freehold purchase is speed and independence.  The statutory procedure

The Management Company The majority of decisions made by residents in blocks of flats are made by their own management companies. Management companies are private limited companies. They represent the collective needs of the individual flat owners – who will have acquired a pro-rata shareholding or membership in the management company on the purchase of their flat. The Directors All the affairs of the company are conducted by its directors. Every private company must have at least onedirector and it

You might wonder ‘what exactly is ‘enfranchisement?’ In the dictionary, you will find the‚  accepted meanings relating to the right to vote, or do to with the representation in Parliament. The historic meaning of the word relates to ‘freedom’ in the sense of setting free a medieval slave. Modern long leaseholders are not exactly feudal tenants, but such words have sometimes been used. ‘Enfranchisement’ in the legal sense relates to the right of residential long leaseholders either to extend their lease

Collective enfranchisement and lease extension applications can be costly, both in terms of premium and advisers’ fees. Accepting the cheapest quotation can sometimes backfire. A good negotiator may cost more but could save you thousands of pounds.Choosing Your Adviser The correct choice is essential. You need to be sure the surveyor or the solicitor chosen is proficient in managing a claim and able to demonstrate knowledge and experience. This could be reduced to two crucial factors: A solicitor: shoul

Leasehold DisputesA guide to Leasehold Valuation Tribunals Francis Davey, 169 Temple Chambers and Justin Bates, Arden Chambers (pb 978 1 903307 62 5) 376pp £30 This is a practical, accessible guide for anyone likely to find themselves before, or considering making an application to, a Leasehold Valuation Tribunal (LVT).It also aims to equip leaseholders and their advisers with the necessary information on their rights, and the obligations of landlords, to resolve issues without resort to the t‚ºribunal sy

Mover of the month - John Barter joins Tremorfa John Barter joins the Managed Services division within the Tremorfa Group as Strategic Development Manager. Tremorfa has its HQs in St Mellons, Cardiff and has offices strategically placed around the UK and Ireland providing all Building Management Services in the private and public environment. John is a graduate of the University of East Anglia where in 2002 he obtained a Masters in Business Administration. Having worked in the fire and security industr

THE SPEED and extent of the drop in World’s economies has been something extraordinary. Very few could keep pace with the collapses and catastrophes - let alone forsee them. The constant proclamation from Gordon Brown that he had got rid of boom and bust defied credulity. But for all the macro excitement the real world of day to day activities go on. It is essential now more than ever that the block manager and the flat manager earns their fees. Being a veteran of two previous recessions, quite frankly

Enfranchisement is an area which is a minefield for all practitioners, be it solicitors or surveyors. As practitioners in this field, we acknowledge the pitfalls in the area of enfranchisement and the fact that the same errors are still being made by some professionals who are simply not up to date with the case law. There have been many articles dealing with the pitfalls associated with enfranchisement and issues regarding the validity of notices. A large proportion of the points taken on the validity

This article looks at the landlords position with regard to existing maintenance contracts after tenants take over the management of a block of flats by exercising their right to manage or purchasing the freehold. This article will not look at the criteria required to take over the management, merely the consequences. Prior to either of the above events the landlord may have the liability to manage the block (with or without the separate management company) and he may have entered into a number of contrac

RESIDENTIAL APARTMENT blocks continue to need staff and managing agents, recession or no recession, so it’s not all doom and gloom! Managing Agents are popular at times of economic downturn, same as cobblers - people are being thriftier with their cash and getting their shoes mended as opposed to splashing out on a new pair - and take-away firms - staying in is the new going out! Yes, there are redundancies being made within residential block management but the reasons for such redundancies is largely du

With contractors likely to face capacity problems during switchover, some less responsible landlords will delay improvements needed due to the financial crisis or just simply to save money. It is important for residents to avoid facing a ‘blank’ screen when their area switches off the current analogue signals over the next few years. With the Border region next to switch to ONLY digital later this year, the potential for ‘switch-off’ could affect thousands. Residents may be forced either to pay inflated

It’s something governments are fond of doing: facing an immediate and urgent problem; what better than to commission a long-winded academic inquiry lasting many months? This effectively deflects inquiries and calls for action on the basis that ‘we must wait for so-and-so’s inquiry to finish,’ or ‘we must allow whatsisname to reach his/her findings without undue interference.’ Months later, the academic report is duly published. It is long, dense and full of vague and woolly recommendations and worthy pl