Freehold Purchase

Collective Enfranchisement Claims

Collective Enfranchisement Claims

Collective Enfranchisement is the legal right for tenants of flats and apartments to be able to purchase the freehold to their property at a fair market price under the Leasehold Reform, Housing and Urban Development Act.

However, if you, as landlord, do not agree to sell the freehold then this process is called ‘enfranchisement’.

Qualifications for Collective Enfranchisement

There are certain criteria to be met for leaseholders to have the right to collective enfranchisement.

These criteria include:

  • The building containing at least two flats;
  • at least two-thirds of the flats must be owned by qualifying tenants. 
  • A qualifying tenant is essentially a leaseholder who has a lease that was in excess of 21 years when first granted.  

However, if you do not agree then Monarch’s team of expert solicitors can look into whether your tenants have the right to claim, if they have followed the correct process, and advise in ways in which you can defend a claim.

Contact our Property Solicitors:

We would like to discuss your freehold requirements directly to find out how we can help.

Please contact our Property Team by sending an email to us at [email protected] and one of our conveyancing solicitors shall call you back.Alternatively, please call our property solicitors on 0161 820 8888 for a no obligation discussion.

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FAQ

Most frequent questions and answers

It is a right for the owners of flats in a building, and sometimes part of a building, to join together and buy the freehold. Provided at least 50% of the flats in the building, who are qualifying tenants, participate and the building qualifies the landlord cannot refuse.

Yes, a tenant will not be a qualifying tenant if any of the following cases apply:

  • the landlord is a charitable housing trust and the flat is provided as part of the charity’s functions;
  • the tenant owns more than two flats in the building. This is either jointly with others or solely in their own name. Please note where this applies these flats will be discounted from the two-thirds;
  • the tenant has a business or commercial lease.

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