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The technical and complex world of enfranchisement

Leasehold Enfranchisement

Leasehold enfranchisement is a technical area of law with potentially significant financial and strategic implications. We advise clients on all aspects of leasehold enfranchisement matters, bringing detailed legal knowledge with a clear understanding of how enfranchisement and any related disputes play out in practice.

We act for both leaseholders and landlords on enfranchisement matters, including individual lease extensions and collective claims.  Whether the issue is exercising statutory rights, responding to a claim or resolving disputes over procedure and terms, we provide clear, focused advice at every stage.

How we can help

Lease Extensions

Advising leaseholders and landlords on statutory and voluntary lease extensions, including eligibility, procedure and completion under the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA)*.  We will first confirm whether you qualify and explain the process.  We then prepare and serve the necessary notices (or respond to them), manage the statutory timetable and deal with the other party and your surveyor throughout. Where terms cannot be agreed, we will take the matter through to determination, ensuring your position is protected at each stage.

Strategic Advice for Landlords and Investors

Advising landlords, developers and investors on managing enfranchisement risk and responding to claims across property portfolios.  We will review your position, identify areas of exposure and advise on how best to respond to, manage or de-risk claims.  Issues such as air space on top of buildings can be tricky to navigate when it is not demised and so we can advise on how best to deal with this.

Collective Enfranchisement

Acting for groups of leaseholders acquiring the freehold of their building, and for landlords responding to enfranchisement claims.  We coordinate the process from the outset, including reviewing eligibility, drafting participation agreements, preparing and serving notices, and managing the procedural requirements. We will handle negotiations with the other party and guide you through the process, taking formal steps where required to secure or challenge the claim.

Procedural and Technical Challenges

Resolving disputes arising from defective notices, missed deadlines, absentee landlords etc., and challenges to the validity of enfranchisement and right to manage claims.  We will review the relevant documentation and identify any technical defects or risks at an early stage.  Where issues arise, we will advise on the implications and take the necessary steps to protect your position or challenge the other party’s claim.

Right to Manage

Acting for groups of leaseholders who wish to acquire the right to manage their buildings. We prepare participation agreements, draft and serve the requisite notices, and guide you through the entire process to completion. We will ensure that the transfer of management is as smooth as possible.

Enfranchisement of Houses - under the Leasehold Reform Act 1967*.

This is still in force and has a different procedure to LRHUDA.  We will establish whether the statutory criteria are met, guide you through the specific procedural steps involved and manage the claim on your behalf through to completion, including dealing with disputes where the claim is contested.

First-tier Tribunal Proceedings

Where matters cannot be agreed, acting in enfranchisement matters referred to the First-tier Tribunal (Property Chamber), including contested claims and procedural disputes.  We will prepare and present your case, manage the process and represent you throughout the proceedings, ensuring that your position is properly advanced.

Advising leaseholders and landlords on statutory and voluntary lease extensions, including eligibility, procedure and completion under the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA)*.  We will first confirm whether you qualify and explain the process.  We then prepare and serve the necessary notices (or respond to them), manage the statutory timetable and deal with the other party and your surveyor throughout. Where terms cannot be agreed, we will take the matter through to determination, ensuring your position is protected at each stage.

Advising landlords, developers and investors on managing enfranchisement risk and responding to claims across property portfolios.  We will review your position, identify areas of exposure and advise on how best to respond to, manage or de-risk claims.  Issues such as air space on top of buildings can be tricky to navigate when it is not demised and so we can advise on how best to deal with this.

Acting for groups of leaseholders acquiring the freehold of their building, and for landlords responding to enfranchisement claims.  We coordinate the process from the outset, including reviewing eligibility, drafting participation agreements, preparing and serving notices, and managing the procedural requirements. We will handle negotiations with the other party and guide you through the process, taking formal steps where required to secure or challenge the claim.

Resolving disputes arising from defective notices, missed deadlines, absentee landlords etc., and challenges to the validity of enfranchisement and right to manage claims.  We will review the relevant documentation and identify any technical defects or risks at an early stage.  Where issues arise, we will advise on the implications and take the necessary steps to protect your position or challenge the other party’s claim.

Acting for groups of leaseholders who wish to acquire the right to manage their buildings. We prepare participation agreements, draft and serve the requisite notices, and guide you through the entire process to completion. We will ensure that the transfer of management is as smooth as possible.

This is still in force and has a different procedure to LRHUDA.  We will establish whether the statutory criteria are met, guide you through the specific procedural steps involved and manage the claim on your behalf through to completion, including dealing with disputes where the claim is contested.

Where matters cannot be agreed, acting in enfranchisement matters referred to the First-tier Tribunal (Property Chamber), including contested claims and procedural disputes.  We will prepare and present your case, manage the process and represent you throughout the proceedings, ensuring that your position is properly advanced.

Testimonials
Testimonials

“Chi is praised by clients for her clear and practical approach to dispute resolution and is often described as a safe pair of hands.”

(Property Disputes Client)

FAQs

Leasehold enfranchisement is the legal right for certain qualifying leaseholders to extend their lease or, in some cases, to collectively purchase the freehold of their building.

Eligibility depends on factors such as the type of property, the length and type of the lease and how the building is used.  Taking early advice can help confirm whether you have rights that can be exercised.

A lease extension allows an individual leaseholder to extend the term of their current lease, while collective enfranchisement involves qualifying leaseholders joining together to acquire the freehold of their building.  We can assist in ensuring that the group of leaseholders are properly protected via participation agreements and that the process is undertaken with your goals in mind.

The right to manage is just that.  You don’t have to buy the freehold (collective enfranchisement); instead you have the right to manage your building or choose a managing agent to do it for you.   This is cheaper than collective enfranchisement and can be beneficial but it doesn’t give you any property rights over the building, and can be reversed.

No.  Many enfranchisement matters are resolved through negotiation.  The First-tier Tribunal is usually only involved where there is a dispute that cannot be resolved between the parties within the time limits.

Leasehold enfranchisement is a technical process with strict statutory requirements.  Missing deadlines or serving defective notices can have serious consequences which can cost you more, and you may be barred from applying for a year.   We also negotiate the terms for you to your best advantage.  We have strong relationships with enfranchisement surveyors to make this process as smooth as possible for you.

*the legislation is due to change under the Leasehold and Freehold Reform Act 2024 (LAFRA) but we will advise you of any changes as soon as they come into force.




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