PDA

View Full Version : Enfranchisement - marriage value on participant lessees?



cmcbugg
21-08-2007, 15:46 PM
From reading the LVT website (http://www.lease-advice.org/cevaframe.htm) it says


In a Collective Enfranchisement action marriage value is only chargeable in respect of the flats of the participating leaseholders. The flats of those leaseholders not participating in the action are not included in the calculation in that there will be no improvement in the value of those flats arising from the enfranchisement.

So if there is
Flat 1 - 88 yr lease - 1 bedroom
Flat 2 - 73 yr lease - 1 bedroom
Flat 3 - 73 yr lease - 3 bedroom

The marriage value for flat 3 will be the greatest because it has the highest market value (no marriage value for flat 1 because it is > 80 years). So if only Flat 1+2 take part in the enfranchisement does that mean that collectively they will pay less for the freehold than if flat 3 was included? To me that is what the above quote implies - but as you don't get anything for free in this life I know that can't be the case!

Can anyone explain?

sgclacy
22-08-2007, 00:54 AM
From reading the LVT website (http://www.lease-advice.org/cevaframe.htm) it says



So if there is
Flat 1 - 88 yr lease - 1 bedroom
Flat 2 - 73 yr lease - 1 bedroom
Flat 3 - 73 yr lease - 3 bedroom

The marriage value for flat 3 will be the greatest because it has the highest market value (no marriage value for flat 1 because it is > 80 years). So if only Flat 1+2 take part in the enfranchisement does that mean that collectively they will pay less for the freehold than if flat 3 was included? To me that is what the above quote implies - but as you don't get anything for free in this life I know that can't be the case!

Can anyone explain?

If Just Flat 1 and 2 apply then they do not have to pay for the marriage value of Flat 3. HOWEVER there can be no side agreements between the particpators and the non particpator

cmcbugg
22-08-2007, 07:23 AM
HOWEVER there can be no side agreements between the particpators and the non particpator
which is of course exactly what i had in mind :-(

jeffrey
22-08-2007, 09:03 AM
If only T1+T2 participate, they WILL pay marriage value on all three flats.
T3 pays more to extend (reflecting his/her greater marriage value), no matter who by then owns f/r for block.