Collective enfranchisement: A complex freehold purchase case study

Vikki Herbert and her team represented a group of leaseholders in a block of 16 flats seeking to collectively purchase the freehold under the Leasehold Reform, Housing and Urban Development Act 1993. Initially, the freehold company had been dissolved and the property passed to the Treasury Solicitor, before being restored and enabling a claim to proceed.

We handled all statutory procedures, including tenant consultations, dealing with the Bona Vacantia Process, advice on disclaimer, company dissolution and escheat, service of the initial notice, negotiating premium, resolving missing lease documentation, our deadline and disputes with non-participating owners. The freeholder challenged the process, including disputes over whether terms of acquisition had been agreed and claiming repayment of fees well above the usual level. Vikki prepared for Tribunal proceedings and a wasted costs application before successfully resolving the matter by negotiation shortly before the hearing. 

The group agreed a significant premium for the freehold, secured acquisition rights and are progressing towards completion. This was a challenging case that required specialist legal expertise and strong negotiation and dispute resolution skills in the face of complex disputes.

If you are a group of leaseholders requiring specialist legal advice, please contact Vikki or a Solicitor in the Leasehold team to arrange an appointment.