In essence, a apartment that is leasehold will always be leasehold. Any changes that you make will not 'convert' it to freehold. There is an key exception in the form of Commonhold tenure which we will not deal with here. The foremost reason we can put it to the side is that it is an particularly rare form of tenure in the UK and difficult to gather together the required number of neighbours to make it work. We do though focus on it in a separate editorial.
Remember that the lease is a legal text governing the connection between the leaseholder and the freeholder. This details the rights and obligations of each participant. It is a prudent text to have because it makes sure those living in close proximity act in a way that is rational and considerate. Many flat owners would like to do away with leases as they oblige them to maintain their wooden windows, have carpets fitted instead of wood laminate flooring or refrain from fitting satellite dishes. Nonetheless, these provisions frequently make communal living more considerate and help to maintain property values when appropriately applied.
As long as they can satisfy certain conditions, a large amount proprietors of leasehold flats in England and Wales can get hold of their share of freehold. If they do that, then they will simultaneously be a partial freeholder along with a leaseholder. The lease does not cease to exist: it continues to govern the style people ought to conduct themselves who are responsible for the development.
Therefore at this point one can understand why the question 'How can I convert to a freehold?' is in fact the incorrect question. Nothing new is formed or converted in reality. When acquiring a share of freehold a flat owner is acquiring the freehold for their part of the development from the current freeholder. The flat owner continues to be a party to the existing lease agreement. However, they almost turn into their own freeholder, unusual as that may appear.
This is not as silly as it appears initially since it is very infrequent in many blocks of flats, where the neighbours come together to get the freehold, for every flat owner to contribute. These non-participants continue to be leaseholders but now their freeholder has altered. Typically, everything else stays the same as far as they are concerned and it costs the non-participants nothing. Nonetheless, they neglect the benefits that come with having their share of freehold. Alternatively, arguably, they also don?t take on some of the responsibilities that come with possessing a share of freehold.
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About the author
Andy Szebeni is part of the management panel of the Association of Leasehold Enfranchisement Practitioners. ALEP has upwards of 100 members, each vetted prior to joining. They include solicitors, surveyors, intermediaries, managing agents and other experts in England and Wales specialising in the field of leasehold enfranchisement. Have a look at the searchable listing of vetted members at http://www.alep.org.uk/membership/.
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