The Leasehold Reform Housing and Urban Development Act 1993 (as amended) provides the right for leaseholders who subject to meeting certain criteria can enforce the sale of the freehold interest of the building in which their flats are situated or claim an individual lease term extension.

The number of leaseholders exercising the collective right to force the freeholder to sell the freehold interest has increased considerably over the years. The increase can be attributed to the collective desire to take over the landlord’s duties under the terms of the leases, which usually includes, arranging the insurance for the building, and general upkeep and maintenance of the building. There is also the concern of the marketability of short leases, and if whether the freeholder will be amicable and/or reasonable in granting lease term extensions, which after the acquisition of the freehold by the leaseholders can usually be dealt with by the leaseholders themselves in their newfound capacity as the owner of the freehold interest.

As a department that specialises in rights afforded by the Leasehold Reform, Housing and Urban Development Act 1993 (as amended), we are able to advise upon:-

An enfranchisement action

• eligibility and issues arising out of a proposed enfranchisement action
• arrange for the set-up of a company to acquire the freehold interest
• the preparation and service of an information notice and the initial notice
• application to a Leasehold Valuation Tribunal
• negotiate the terms for the conveyance transferring the freehold interest to the leaseholders
• preparing for formal hearing before the Tribunal in the event that those issues that remain in dispute between the parties cannot be agreed.

A lease term extension

• checking eligibility that you meet the qualifying criterion
• preparation and service of the notice of claim
• response to landlord’s request for information
• application to a leasehold valuation tribunal
• where applicable, negotiate the terms of the new lease

The enfranchisement department has years of experience and expertise with enfranchisement actions and claim for lease term extensions, many of which have settled amicably. If after you have successfully acquired a lease term extension and want to sell your property, please contact our residential property department.

For further information please call our
Hema Anand on 020 7354 3000
or e-mail hema.anand@colmancoyle.com