Disenfranchising from Dulwich Estate

[epiphany]

Hello everyone

We are interested to know whether it is possible to disenfranchise (if that?s the correct word - I mean get out of the scheme of management) from the Dulwich Estate.

Our road is on the periphery.

Any advice would be great.

Many thanks.

Epiphany.

[JoeLeg]

I think you really need to ask the Dulwich Estate, to be fair, but they?re not the most...erm, progressive of organisations and while I wish you luck I?d be amazed if they allowed it.

I suspect you?d need to get lawyers involved in some form or other, and then it becomes a question of whether you can afford it. The Estate has some very deep pockets.

[Sqiggles]

Very difficult. The scheme dates back to the 1960s, when leasholders acquired the right to but their freehold. Before then all properties were leasehold from the estate who buried these rights in the leases. The scheme was introduced so that, as freeholds were sold, the same rights were embedded in the land rights - so it is all reggistered with the title to your house. I think it has been considered by the Courts and held to be watertight.

You would be better off speaking as a group to the estate about whatever your issues are - for instance, if it is planning type issues, you could all approach the estate and negotiate. If it is just to avoid the annual charge - that pays for the maintenance of a lot of the spaces around Dulwich - like all the greens surrounded by white posts - as well as the admin on the scheme. If fewer people pay the cost goes up for the rest!

[epiphany]

Thanks all. The issue is unreasonable and inconsistent planning rejection and approvals, not the service charge.very happy to contribute to the upkeep of Dulwich Village!

[JoeLeg]

epiphany Wrote:

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> The issue is unreasonable and

> inconsistent planning rejection and approvals, not

> the service charge.

Yup, that sounds like Dulwich Estate.

My wife once freelanced for an architects firm on a project where an inhabitant of the Estate wanted to convert a building into a very useful space for small businesses to work from for very reasonable rents. A great idea, it never got off the ground because the Estate were simply so hard to deal with in exactly the manner you describe; seemingly no rhyme or reason to their decisions, no consistency, no willingness to explain themselves.

[uncleglen]

https://www.thedulwichestate.org.uk/property-on-the-estate/residential-freehold/applications-for-building-works

It seems all perfectly clear- it's a great pity that East Dulwich has been allowed to degenerate into the eyesore it has due to ridiculous planning approvals

[Sqiggles]

Why don't a group of you get together and go and see then about planning issues in your road? In my road we had all assumed that there was a limit on what you could do because of the estate, but one house worked with them to come up with a much more extensive extension plan and since then we have all just copied that plan. The estate are a bit obsessed about what the houses look like from the road, and keeping the road homogeneous, but otherwsie they can be a bit more flexible, particularly if they think neighbours are in favour.

[epiphany]

Interesting, thank you

[JoeLeg]

uncleglen Wrote:

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> https://www.thedulwichestate.org.uk/property-on-th

> e-estate/residential-freehold/applications-for-bui

> lding-works

>

> It seems all perfectly clear- it's a great pity

> that East Dulwich has been allowed to degenerate

> into the eyesore it has due to ridiculous planning

> approvals

Have you actually had any dealings with the Estate on matters like this? They are NOT consistent in their behaviour.

[jayjay100]

You might be able to take over the management by applying for a right to manage (RTM) if you qualify. Gives the leaseholders control of looking after the property. Or you could try collective enfranchisement, where you buy your freehold. There are 2 ways to do this. The first is an informal route - where you ask your freeholder for a cost. This maybe dangerous to do as the freeholder may charge more than should and add further covenants meaning you may still be liable to pay for extra charges. The second is the formal route - You will need a specialist lawyer such as 'Leasehold solutions' and instruct your own surveyor for valuation. THey will help to protect you from any onerous issues and help to get a fair price for enfranchisement.

get more help from the National Leasehold Campaign on facebook and Leasehold Knowledge Partnership. There is so much happening with leasehold reform from Governement and the Law commissioner.