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I beg to take issue with Jane Barry concerning one notable point in her most interesting article in the last edition (News on the Block 29), Getting the Price of Enfranchisement Right.
In my view and based upon my experience and that of my firm, there is no need for “specialist enfranchisement companies that will manage the entire process”.
We have been involved with the enfranchisement of a considerable number of blocks of flats, over the past 13 years and on no occasion has any professional facilitator been involved.
Provided, but probably only provided, that the services of specialist solicitors and specialist valuers are used, it is far better for one lessee to act as co-ordinator for his/her, block. Not only can that lessee directly implement the wishes of neighbours (which can number over 100), but does so in the knowledge that s/he, as a directly interested party, is in control, particularly financially.
I emphasise the need for both solicitors and valuers who specialise in Leasehold Reform work and not those for whom Leasehold Reform is merely a part of the work that they undertake. Admittedly, there are very few such specialists, who act predominantly for lessees, but their names are well known within the professions and they are not difficult to seek out.
Both the legal and valuation professions are rife with stories of “facilitators”, who are rarely professionally qualified and, on occasions, may have their own agendas.
In my experience, provided that, at an early stage, the participating lessees enter into a well-drafted and legally binding participation agreement, amongst themselves, most problems can be avoided. If any difficulties do arise, it is always better that they are dealt with by someone who has a personal interest in the outcome. That person consults directly with the specialist solicitors and valuers and gives them appropriate instructions, to the exclusive benefit of the participating lessees.
On the other side of the fence, I think that your readers will find that specialist solicitors and valuers, who undertake enfranchisement work day in, day out, generally prefer dealing direct with their clients, than via some third party intermediary.
Yours,
Owen Grainger
Owen Grainger Associates
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