A Guide To Buying Your Freehold. Collective Enfranchisement information pack

Transcription

1 A Guide T Buying Yur Freehld Cllective Enfranchisement infrmatin pack

2 Ever thught f buying the freehld t yur building? Hmes fr Haringey has been wrking hard t imprve the service we prvide t ur Leasehlders. One f ur key cmmitments is t ensure we cmmunicate effectively and wrk cllabratively with yu. With this in mind, we wanted t let yu knw that a number f ur Leasehlders have expressed a keen interest in purchasing the freehld f their buildings. This is a statutry prcess knwn as Cllective Enfranchisement. There is an excellent free guide n what it entails n the Lease Advice website at Lease Advise are a cmpletely independent rganisatin. If yu prefer yu can call and speak t ne f their advisers, the telephne number is and lines are pen Mnday t Friday frm 9:30am-3:00pm. By wning the freehld, Leasehlders will cllectively have full cntrl and respnsibility f the their prperties including the way they are maintained and managed. Qualifying Leasehlders have a legal right t purchase their freehld. Hmes fr Haringey cmmits t making the prcess as hassle free as pssible. Haringey Cuncil is the legal landlrd f yur building and Hmes fr Haringey is their appinted managing agent. As such, we are legally unable t give yu direct advice n purchasing yur freehld due t cnflicting interests. We have wrked in partnership with Haringey Cuncil t prvide the infrmatin cntained in this bklet which is intended t prvide yu with a guide t the prcess. Hwever, yu must seek yur wn independent advice. We hpe yu find the infrmatin useful.

3 Cllective Enfranchisement The Legal Basis Legislatin - Under the Leasehld Refrm Husing and Urban Develpment Act 1993, (as amended by the Cmmnhld & Leasehld Refrm Act 2002), qualifying Leasehld Tenants have the right t purchase the freehld f their building which is a statutry prcess called Cllective Enfranchisement. Yu can check if yu are a qualifying Leasehld Tenant n the Lease Advice website. Csts There are a number f csts yu will need t plan fr. We have summarised these csts fr yu which, in the main, include: The price f the premium t purchase the freehld. This is yur share f the sum f mney required t buy the freehld. As yu have a lng lease, i.e., ver 80 years remaining, yu will avid the additinal lease extensin csts assciated with shrter leases. Yu will be required t pay yur wn legal and valuatin csts as well as thse f Haringey Cuncil, which is nt ur decisin; it is set ut in Leasehld law. T keep csts dwn and keep the prcess simple, yu may cnsider using the same valuers and slicitrs with yur fellw applicants. Yu may als wish t cnsider using the standard lease template which can be fund n the Lease Advice website.

4 Cllective Enfranchisement The Legislative Basis Charging Element Haringey Cuncil Legal Fees Cst 850 Fixed Fee Further Infrmatin This cst is applied as a single payment, per jint applicatin; i.e. if there are tw leasehlders purchasing the freehld, this cst is split 50:50. Haringey Cuncil Administratin Fee 250 Fixed Fee This cst is applied as a single payment, per jint applicatin; i.e. if there are tw leasehlders purchasing the freehld, this cst is split 50:50. Haringey Cuncil Valuatin Fee Variable Apprximately per jint applicatin; i.e. if there are tw leasehlders purchasing the freehld, they will share this cst equally. The variance f the cst is dependent n the cmplexity f the valuatin. Share f Freehld Premium Yur Legal & Valuatin Fees TBC TBC This cst will be determined and negtiated by ur respective valuer s and is based n a standard frmula set ut in Leasehld law. These csts will be negtiated directly between yu and yur appinted advisrs.

5 Hw much will the freehld premium cst? The amunt f mney yu pay t buy the freehld f yur building is knwn as the premium. The exact cst f the premium will be determined and agreed by independent valuers appinted by each party. In simple terms, the premium reimburses the Freehlder fr lss f grund rent and is bradly calculated n the same basis and csts as extending yur lease fr 90 years. The cst f calculating the premium fr purchasing the freehld is largely based n using the fllwing infrmatin: Current value f the prperty The lease length remaining Annual grund rent Whilst we are unable t advise yu n the anticipated cst f yur persnal Cllective Enfranchisement, we can share the details and experience f a recently cmpleted freehld sale t give yu an idea f indicative csts.

6 Cllective Enfranchisement Cmpletin Case Study Custmer Review In early 2016, Mr O received a Sectin 20 ntice which prvided details f upcming majr wrks and related csts fr his building. The cst f these wrks was significant enugh t prmpt Mr O t speak with his fellw leasehlder abut buying the freehld. Here is his stry: My prperty is a mid terraced Victrian tw strey huse cnverted int tw flats situated in a cnservatin area in N22. I had received ntificatin f impending majr wrks which were ging t cst me and my fellw leasehlder in the regin f 35,000 each. We discussed this, and, as we were bth qualifying tenants, we agreed t mve frward with purchasing the freehld. We bth felt we culd manage the required wrks at a pace t suit us and within ur wn budgetary cnstraints. We agreed n slicitrs and valuers and fund the prcess was quite straightfrward. Bth Haringey Cuncil and Hmes fr Haringey were very supprtive. The whle prcess tk 5 mnths, althugh if we hadn t changed ur slicitrs mid prcess, it wuld have been much quicker. The ttal cst we ended up paying, which included the premium and all assciated legal and valuatin csts, was arund 4,000 each. We are nw in full cntrl f ur building and make decisins jintly, including service charge setting, and it is wrking well.

7 Freehld v Leasehld Freehld Prs By wning a share f the freehld in yur building, yu are permitted t grant yurselves up t a 999 year lease. There is n need t wrry abut yur lease term reducing and assciated extensin csts. Having a share f freehld makes it easier t sell yur prperty and fr prspective buyers t btain mrtgages. If it is managed well, it may increase the value f yur prperty. Yu have cmplete cntrl f the management and maintenance and upkeep (i.e. cleaning and decratin f cmmunal areas, service charge setting), f yur building which includes when wrks are carried ut and in line with yur affrdability. Cns Yu will need t frm yur wn management cmpany with yur fellw Freehlders and take cllective decisins by wrking cllabratively. Yu will be respnsible fr ensuring the buildings are maintained as per statutry and legal requirements. Yu will need t manage yur wn budgets fr the management and maintenance f yur building.

8 Freehld v Leasehld Leasehld Prs All the management, maintenance, landlrd repairs and insuring bligatins are undertaken by the Freehlder. Yu have access t a number f services at Hmes fr Haringey, including dispute reslutin. Hmes fr Haringey ffer payments plans fr majr wrks bills based n yur circumstances. All legal and statutry requirements are undertaken by Hmes fr Haringey, e.g. Sectin 20 ntices. Cns Yur lease is gradually lsing value. The shrter any remaining lease term becmes the less it is wrth and as a result any extensin f yur lease gets mre expensive. A shrter lease is usually mre difficult t sell. In sme cases if the lease length is particularly shrt, arund years remaining, mst lenders will refuse t ffer a mrtgage n the prperty, leaving yu t find a cash buyers nly. Yu will be subject t the majr wrks prgrammes as stipulated by the Freehlder.

9 The typical prcess fr purchasing the freehld f yur building 1. Leasehlders mutually agree t purchase the freehld. They appint and instruct slicitrs and valuers t btain a premium price. 2. Leasehlders slicitr serves the frmal initial ntice t: The Mayr & Burgesses f the Lndn Brugh f Haringey, Civic Centre, 265 High Rad, Wd Green, Lndn, N22 8ZW. This ntice will stipulate the prpsed price fr the premium and set ut reasnable timescales fr Haringey Cuncil t respnd. 3. Haringey Cuncil will arrange fr their valuers t inspect each prperty t determine their valuatin f the freehld price. 4. Haringey Cuncil will issue a Cunter Ntice t the leasehlders, via their slicitr, cnfirming the price their valuers have set the freehld at. 5. If Required: Depending n the valuatins received by bth parties, negtiatins my take place t agree the final freehld price. 6. Once the final amunt fr the freehld purchase price is agreed, Haringey Cuncil will issue a final legal ntice cnfirming the details. 7. If there are n final challenges t freehld price, Haringey Cuncil will cmplete the internal prcess required t cnfirm dispsal f cuncil wned prperty. 8. The legal transfer f wnership dcuments are drawn up and signed by all parties. 9. Cngratulatins! The sale is nw cmplete.