PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
Collective Enfranchisement - can top floor owner really do this?

HelloJane
Posts: 1 Newbie
Hello Fellow Members,
I am new to the site, new to posting so please bear with me while I come up to speed
While scrolling through the posts, seen some great feedback however, I am in a unique situation and appreciate your help.
We have a leasehold property in North London period conversion with 3 leaseholders including myself. We all up until now were happy to proceed with freehold conversion, however, the top floor owner is now putting demands which only benefit him. The top flat owner insists that upon freehold conversion, we relinquish our rights to the roof so he can proceed with roof extension and convert his single unit in to a multi unit - his objective is commercial gain by selling the new unit he builds. This situation is a cause for concern for us as it would affect the structure of the building and having 4 families instead of 3 share the common spaces certainly puts a strain on the resources.
We are afraid if we say to to his unreasonable demands he can proceed with collective enfranchisement as he has the buy-in of the middle leaseholder who have been friends for decades. Please bear in mind, the top flat owner's current lease allows his unit to be used only by a single family.
As we are not fully aware of our rights and responsibilities, we would appreciate your feedback on the following:
1. If the other two fellow leaseholders proceed with collective enfranchisement, will it give them the right to alter their lease at their discretion so that the top floor owner can give himself rights to build upwards and convert his single unit in to multi unit which at this point is not allowed in his lease terms.
2. is there anything else we can do in terms of our rights as fellow leaseholders to make this situation a win win for all of us.
P.S. We have tried talking to him asking for simple requests such as doing up common areas, maintaining the roof for life which is something he does not want to oblige with. However, he wants the gains all to himself by selling the extra floor.
Any help / advice will be greatly appreciated.
Many Thanks
Jane
I am new to the site, new to posting so please bear with me while I come up to speed

We have a leasehold property in North London period conversion with 3 leaseholders including myself. We all up until now were happy to proceed with freehold conversion, however, the top floor owner is now putting demands which only benefit him. The top flat owner insists that upon freehold conversion, we relinquish our rights to the roof so he can proceed with roof extension and convert his single unit in to a multi unit - his objective is commercial gain by selling the new unit he builds. This situation is a cause for concern for us as it would affect the structure of the building and having 4 families instead of 3 share the common spaces certainly puts a strain on the resources.
We are afraid if we say to to his unreasonable demands he can proceed with collective enfranchisement as he has the buy-in of the middle leaseholder who have been friends for decades. Please bear in mind, the top flat owner's current lease allows his unit to be used only by a single family.
As we are not fully aware of our rights and responsibilities, we would appreciate your feedback on the following:
1. If the other two fellow leaseholders proceed with collective enfranchisement, will it give them the right to alter their lease at their discretion so that the top floor owner can give himself rights to build upwards and convert his single unit in to multi unit which at this point is not allowed in his lease terms.
2. is there anything else we can do in terms of our rights as fellow leaseholders to make this situation a win win for all of us.
P.S. We have tried talking to him asking for simple requests such as doing up common areas, maintaining the roof for life which is something he does not want to oblige with. However, he wants the gains all to himself by selling the extra floor.
Any help / advice will be greatly appreciated.
Many Thanks
Jane
0
Comments
-
You need to get legal advice and quick.
But I would not under any condition agree to this. Once you open Pandora's box, you are going down a slippery slope and ask yourself where would this end.
As these two people are friends, I would not trust them as far as I can spit. They may be saying one thing to you and planning something else, and then it will be too late for your to back out.
Do not speak to them unless it is in writing.0 -
So the top floor guy wants you all to relinquish rights to the roof but doesn't want the responsibility of maintaining said roof? I can see why you are unhappy!It's not difficult!
'Wander' - to walk or move in a leisurely manner.
'Wonder' - to feel curious.0 -
If 2/3 of the Leaseholders are in favour of enfranchisement then it can proceed. Likewise they can vary their Leases.
However they cannot very your Lease without your consent.
So when you say they have asked you to relinquish your rights to the roof ... what are those rights exactly and how are they stated in the Lease? It is just that Leaseholders would not normally have any rights to the roof other than the right to have it maintained by the Freeholder.
If you don't have any express rights to use or access the roof then it is difficult to see how you could prevent them proceeding with their plan.0 -
Start with Lease Advice (free). Then pay for legal advice if necessary. It will be money well spent.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 348.3K Banking & Borrowing
- 252.1K Reduce Debt & Boost Income
- 452.4K Spending & Discounts
- 240.8K Work, Benefits & Business
- 617.1K Mortgages, Homes & Bills
- 175.6K Life & Family
- 254K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 15.1K Coronavirus Support Boards