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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 27888
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My understanding of the law relating to collective

Customer Question

My understanding of the law relating to collective enfranchisement of a block of flats is that flats are valued in an unimproved condition, disregarding any improvements to the property that the tenants or their predecessors may have made. Where tenants have, through a Reserve Fund, paid for improvements to the common parts, are these improvements also disregarded in calculating the value of the freeholder's reversion?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: None so far
JA: Where is the flat located?
Customer: In London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 17 days ago.
Category: Property Law
Expert:  Virtual-mod replied 17 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Joshua replied 16 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

How many I assist you on the above. Do you require confirmation on your above understanding or do you have another question(s) you would like to raise please

Customer: replied 16 days ago.
I will wait for an answer.
Expert:  Joshua replied 16 days ago.
  1. Thanks for your reply. I note you refer to improvements having been made to the common parts of the building via a sinking fund. Are you able to clarify that these are improvements as opposed to maintenance please?
  2. If they are improvements rather than maintenance, are you able to give one or two examples of the improvements (as opposed to maintenance) carried out?
  3. Did the tenants all agree to such improvements?
  4. If so was any agreement reached with the landlord as regards ***** ***** of those improvements?
Expert:  Joshua replied 16 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide the following limited response. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms any improvements made to individual flats must be disregarded but if improvements have been made to common parts or parts not otherwise demised by lease these improvements will belong to the landlord in the absence of an agreement to the contrary and so would be capable of forming part of the valuation for enfranchisement purposes.

I hope the above is of help. If there is anything else I can help with please reply back to me.