subject: The Assorted Documents Needed for Enfranchisement [print this page] The Assorted Documents Needed for Enfranchisement
The first form required in the enfranchisement process is the form that invites participants to join the freehold purchase scheme. Next will come the form that actively sets out that participants will join the scheme and that they will be willing to undertake freehold purchase. Note that all participating leaseholders need to sign this form. It is not enough to have an agent or a person signing the form on behalf of the leaseholder; it has to be the leaseholder themselves.After this the participation agreement will have to be drafted. This is crucial for the enfranchisement procedure becuase it helps everything run on course. This can be quite important if the process gets delayed or the enfranchisement doesn't quite work out right: the participation agreement helps regulate everything.The Initial Notice or Enfranchisement Notice is the first thing which starts of the whole process of both enfranchisement and freehold purchase. The Notice specifies that the landlord must reply to the Notice within 2 months and when this reply is sent it is referred to as the Counter Notice. It is not a legal requirement to issue a Counter Notice, however if the landlord fails to do so then the leaseholders have the automatic right to purchase the freehold at the price they offered in the Initial or Enfranchisement Notice.If the freeholder and leaseholders are unable to come to an agreement, then the case will be put before a Leasehold Valuation Tribunal; this is where the cost of the freehold purchase will be determined by a tribunal.The Right of First Refusal Notice comes into play when the freeholder seeks to sell and has (lawfully) to offer the first refusal to the leaseholders. If the leaseholders are happy, then they formally accept by following through with the acceptance to undertake freehold purchase by the right of first refusal.The other form commonly used within the process is a form that joins new buyers into the freehold purchase process. So if a new leaseholder comes on board they will not derail the whole enfranchisement process.The J30 form (stock transfer) is used after the qualifying leaseholder has sold his/her flat in a block which has been enfranchised.So overall the forms and documents required to undertake enfranchisement are not as daunting as they may seem at first and in fact they provide a good framework for the whole process of freehold purchase!
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