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Freehold Purchase

Freehold Purchase (Leasehold Enfranchisement) Solicitors

If you own a leasehold property and wish to buy the freehold, our expert freehold purchase solicitors can assist you through our leasehold enfranchisement service. Owning the freehold of your house can greatly increase the value, help with selling or getting a mortgage.

Leasehold Title Restrictions

Owning a leasehold title means that you own the property on the terms set out in your lease.  In addition to paying a ground rent, a leasehold title can impose restrictions on the use of your property, for example consent may be required for building extensions and transferring the property. Moreover, a lease with a term of less than 125 years may impact on the value of your property and its saleability and missing freeholders can also cause a disruption to the sale of your property altogether.  Therefore, buying the freehold can offer you freedom from your freeholder and security. 

Statutory Leasehold Enfranchisement

Under the Leasehold Reform Act 1967, most leasehold leasehold house owners  in England and Wales, have the statutory right to buy the freehold title to their lease, effectively buying their landlord’s interest outright.  The process of buying the freehold is known as “leasehold enfranchisement”.  

The Qualifying Criteria 

  • The building must be a house
  • The lease must be a long lease, of over 21 years
  • The tenant must have been the registered proprietor of the lease for at least 2 years.

Buying the Freehold Process

It is best not to delay the purchase of your freehold.

To acquire the freehold a typical enfranchisement process would entail:

  • Checking your eligibility to make a leasehold enfranchisement claim
  • Preparing detailed instructions for a valuer
  • Preparing and serving the section 5 Notice of Claim
  • Dealing with the freeholder’s counterclaim
  • Assisting with negotiations on price
  • Dealing with the transfer deed terms and covenants
  • Registration at Land Registry

Our lease enfranchisement solicitors have the specialist knowledge and know-how of each step in the process of a residential freehold purchase in order to provide you with peace of mind and ensure the process progresses smoothly and efficiently whilst protecting your interests.

Buying the Freehold Guide

To assist homeowners through the complex process of leasehold enfranchisement, please see our Blog or Free PDF Guide on Buying the Freehold or download a copy from the right hand side of this page.

Our free leasehold enfranchisement guide for houses covers:

  • The routes available to buying the freehold – voluntary or statutory
  • Leasehold enfranchisement process flow chart
  • The steps taken in the statutory leasehold enfranchisement process
  • The qualifying criteria for leasehold enfranchisement
  • What happens to ancillary land and buildings
  • The freehold purchase price and valuation
  • How enfranchisement disputes dealt with and absent freeholders
  • How third parties are dealt with
  • Withdrawing the Section 5 Notice of Claim
  • Extending a house lease option
  • The advantages of buying the freehold

Assigning the benefit of the Section 5 Notice

If you are thinking of buying a house with a short lease, you should consider asking the current owner to exercise their right to purchase the freehold or you will have to wait 2 years to exercise the right yourself. 

It is advisable to have a lease term of 125 years or more on a house lease.  However, the minimum lease term requirements for mortgage lenders can be found in the Council of Mortgage Lenders Handbook.  

How Our Statutory Lease Enfranchisement Solicitors Can Help

The process of purchasing the freehold title to a property is not the same as buying a house.  A leaseholder must meet certain criteria for statutory leasehold enfranchisement rights to come into effect and the process can be complicated.  Therefore, specialist legal advice is recommended.

We are members of the Association of Leasehold Enfranchisement Practitioners and as such our ALEP accredited leasehold enfranchisement solicitors have vast experience of dealing with the complex nuances of the issues that can arise during a freehold purchase.

As specialist leasehold solicitors, our team can also advise on:

Price & Service Transparency

At Monarch Solicitors we provide highly competitive legal fees for clients wishing to buy their freehold.  We will provide you with a breakdown of the routine legal costs for a simple freehold purchase from the outset so that you can budget the statutory enfranchisement cost.

We have a 3 stage Process for uncontested statutory freehold purchases:

Stage 1 – Eligibility checks and RICS valuation for the price payable

Stage 2 – Drafting and serving the Section 5 Notice of Claim

Stage 3 – Dealing with the freehold conveyancing and registration at Land Registry

It is difficult to estimate the true value for the cost of the freehold purchase price, however a freehold purchase price calculator can be found at Money Saving Expert which is a government funded body that provides independent advice for residential leaseholders.    

As well as the freehold purchase price you will have to pay the landlords reasonable costs and valuation fees.  Stamp Duty may be payable if the purchase price is over a certain threshold.  Therefore, you should budget for the costs involved in buying the freehold.

More information about leasehold property can be found at the government website GOV.UK – Buying the Freehold.  

Contact Our Freehold Enfranchisement Solicitors

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

Please contact our leasehold house enfranchisement team by sending an email to us at [email protected] and one of our  solicitors shall call you back. 

Alternatively, please call our leasehold house enfranchisement solicitors on 0330 127 8888 for a free no obligation discussion.

Monarch’s award winning legal team are based in Manchester and London, serving client nationally.

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FAQ

Most frequent questions and answers

Leaseholders have a legal right under the Leasehold Reform Act 1967 to buy the freehold of their house if they meet certain criteria. Alternatively, it is possible to negotiate with the freeholder informally to buy the freehold by agreement.

It depends on a number of factors including the rateable values of the house at different dates, the ground rent, the number of years left on the lease and the value of the house. You may be required to obtain the rateable value of the house in 1965 (or the first day of the lease, if later) and in 1990. These rateable values will tell your chartered surveyor whether to use the Original Valuation Basis or the Special Valuation Basis. Buying the freehold can be a difficult process.

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Client satisfaction is paramount to use so we appreciate your feedback as it allows us to continually improve the service we provide 

Austin Kemp
Austin Kemp
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"Monarch Solicitors provide exceptional, skilled attorney who handles client's cases with compassion and understanding. I recommend her highly!"
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Peter Istrate
Moxels Digital Agency
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"Shazda, not just that advised me for the best solution but she went beyond in advising for future needs that we may be having at our creative agency, so much that we decided to work with them exclusively. I highly recommend!"
Katie Sharp
Katie Sharp
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"Used Monarch for a freehold Purchase. Excellent service was kept informed of the process. Always willing to have a chat if needed. Thanks in particular to Nasira for her help would definitely recommend"
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