Leasehold enfranchisement is a continually evolving area of law and is a multi party process which can be a minefield for the unwary but, with the right advice, offers enormous opportunities for leaseholders and freeholders.
We act for both landlords and individuals who own leases of flats or houses and we advise clients on each step of the process.
Our overall experience enables us to advise individuals as to their own particular enfranchisement rights. We will take you through the process required from beginning to end.
We advise on:
- individual lease extensions or under the Leasehold Reform Housing and Urban Development Act 1993
- claims for the freehold of a house under the Leasehold Reform Act 1967
- collective enfranchisement for the freehold under the Leasehold Reform Housing and Urban Development Act 1993
- how enfranchisement issues might affect investment or development opportunities and how enfranchisement rules can impact on mixed-use properties
We also have particular expertise in acting for tenants extending their leases (or obtaining parallel leases) where the freeholder is the Crown and therefore not bound by statute e.g. in Regents Park as we were the first firm to obtain a parallel lease for a tenant in Regents Park.
Individual Lease Extensions and Claims for the freehold of a house
The process of extending your lease or buying your freehold can seem daunting. But with the right professional advice, you’ll understand exactly what is happening every step of the way and feel confident you are making informed decisions.
We provide commercial advice about how to initiate the process with your Freeholder
- Service of the initial Notice of Claim
- Ensuring all legal deadlines are met and Notices filed correctly
- Responding to requests from your Freeholder
- Negotiating the terms of the new lease/transfer (as applicable) and finalising its completion
- Recommending reliable and suitable valuers or surveyors
We are particularly experienced in following the Crown’s process for obtaining a parallel lease or lease extension.
Examples of our experience include:
- Acting for the tenant on the grant of the first parallel lease in Regents Park and numerous subsequent matters;
- Acting for the Landlord of a block of 35 flats in lease extension claims;
- Acting for the Intermediate Landlord of a block of 24 flats in lease extension claims;
- Acting for the tenant in a lease extension claim with a premium of over £5m in St James’s Place;
- Acting for tenants in obtaining lease extensions and freeholds of houses from all the large estate owners in London (e.g. Grosvenor, Cadogan, Howard de Walden, etc).
Collective Enfranchisement
Freehold acquisition, or “collective enfranchisement”, is a group activity where a number of leaseholders in a block of flats combine to purchase their freehold. It is a highly technical and specialised process, in which we act on.
We always take care to identify and address any specific technical points unique to your individual case.
Alongside our legal expertise, we offer plenty of practical guidance to ensure that your claim does not lose momentum.
We can assist with
- Initial advice about whether your building qualifies for collective enfranchisement.
- Checking and reporting on the legal title to assist your surveyor.
- Helping you with valuation advice in the early stages of the collective enfranchisement application.
- Advice regarding, and if necessary drafting, a “participation agreement” setting out how the collective enfranchisement costs will be borne amongst the participants.
- Drafting and serving the necessary notices.
- Referring, where necessary, any dispute about value to the First Tier Tribunal (Property Chamber).
Examples of our experience which are for blocks of all sizes include:
- Acting for the tenants of a block of 120 flats in NW1.
- Acting for the tenants of a block of 24 flats in SW10.
- Acting for the tenants of a small house conversion with 3 flats in W1.
