Leasehold enfranchisement solicitors

Our residential conveyancing solicitors have been dealing with enfranchisement for a number of years. Constantly following changes in enfranchisement law to best serve our clients and striving to ensure the process is simple and efficient. Our specialist solicitors will be able to guide you through the process and ensure a quality and tailored service. To talk about a case or for a free quote call 0203 816 0076 for a free, no obligation initial chat with one of our legal advisors.

What is leasehold enfranchisement?

Enfranchisement enables the tenant of a property usually a house that is held on a long term lease to acquire the freehold of that property.

This is not limited to acquiring the house, the tenant can also be entitled to acquiring the premises which could include a garage, outhouse or garden.

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Why should you enfranchise?

There are a number of benefits to enfranchising that make it worthwhile to consider these include:

  • It enables tenants to grant themselves long leases for a smaller price and removes ground rent
  • Allows you to live in the property as long as you wish
  • The ability to alter the land without consulting the landlord
  • A tenant owned building is a positive benefit when selling a property
  • Peace of mind

In order to qualify for enfranchisement there are certain stipulations to the long lease:

  • The leasing period must exceed twenty one years when first agreed
  • Only a tenant who has been the tenant of the whole of the house under a long tenancy for at least two years at the relevant time of the claim has the right to enfranchise
  • You do not qualify if your tenant is a charitable trust and the house is provided pursuant to its charitable purposes

There are other issues that may relate to your case depending on your circumstances, speak to our experts for more information.

What’s involved in leasehold enfranchisement?

In order to enfranchise a tenant must serve their landlord a ‘notice of tenant’s claim’ (NTC); this can be done at any time during continuation of the tenant’s long lease, though there are some exceptions.

Once a tenant has served an NTC the tenant and landlord become contractually bound to grant and accept the freehold. Terms must be agreed as well as costs. The tenant will then hold the property freehold.

A typical process could entail

  • Checking the eligibility of the claim
  • Organising for enfranchisement
  • Choosing the nominee purchaser
  • Selecting and instructing professional advisers
  • Assessing the purchase price
  • Serving the initial notice
  • Preparing for the subsequent procedures

The longer that is left on your leasehold will reduce the costs you incur in acquiring freehold so it's best not to delay your application.

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Collective leasehold enfranchisement

Collective enfranchisement occurs when a group of tenants living in a block of flats decide as a group to enfranchise. It is usually done to take over the management of the building and the repairs as well as to grant longer leases at a lower cost.

In order to qualify for enfranchisement there are a number of requirements including, for the building to be self contained, as well as the need to have at least two thirds of the overall occupiers of flats within the building qualifying to enfranchise. In addition non residential parts of the building such as hallways must not be over twenty five percent of the overall building.

The process of this will typically use a nominated tenant who will represent the tenants with the intention to enfranchise.

If you would like more information on enfranchisement contact our specialist conveyancing solicitors on 0203 816 0076 or request more information via our online enquiry form.

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