Purchase of Freehold Interest ("Collective enfranchisement") and Leasehold Extensions

There are two rights for long leaseholders both of which are contained within Part 1 of the Leasehold, Housing and Urban Development Act 1993 amended by the Housing Act 1996 and the Commonhold & Leasehold Reform Act 2002.

A right for individual lessees to renew their lease which, in effect adds 90 years to the unexpired term of the existing lease, subject to certain qualifications.

A group right for leaseholders of flats to purchase the freehold interest of the building in which they reside, subject to certain qualifications.

For lease extensions, the previous residency test has been abolished. The property now has to be owned by the qualifying tenants for a period of at least two years before a claim is made.

Services we provide

We have a team specialising in legal issues that may occur with leases. Our property department has over 15 years experience acting for landlords and tenants. The leaseholder may wish to acquire the freehold of the building or extend their lease. This is important for flatowners who find it difficult to sell their property because the lease has less than about 80 years remaining, or are in dispute their landlord about repairs and service charges.

We can assist in the following ways:

  • Preparing notice to freeholder to purchase the freehold or extend the lease to include checking tenant's rights to qualify and leases
  • Enter a restriction on the freehold title register at H M Land Registry to deter others from buying the freehold
  • Service of notice on the freeholder
  • Preparing tenant's participation agreement
  • Service of participation notices on non participating tenants
  • Respond to freeholder's request to substantiate claim
  • Respond to service of freeholder's counter notice
  • Transfer of the freehold title if applicable
  • Amending terms of lease
  • Deal with your nominated representative(s)
  • Deal with the freeholder and/or their solicitor
  • Make application to the Land Valuation Tribunal if necessary to resolve any disputes
  • Apply to the County Court if necessary to resolve any disputes