COLLECTIVE ENFRANCHISEMENT (Freehold Purchase)

Collective Enfranchisement is the term used to describe the purchase (by at least half of the leaseholders of a building) of the landlord’s freehold interest and thus becoming your own landlord. Whilst there are exceptions to the general rule, the right of collective enfranchisement applies to a building where there are 2 or more residential flats let on long leases and the leaseholders of at least half of those flats (subject to a minimum of 2) apply to exercise the right of collective enfranchisement. Usually the only question in dispute is the price to be paid. The service we offer includes:

  • Check your entitlement to claim


  • Provide an indication of the purchase price for the freehold subject to later confirmation by your valuer


  • Prepare a Participation Agreement between the participating leaseholders


  • If required, form Limited Company as a vehicle through which to purchase the freehold


  • Recommend a specialist collective enfranchisement valuer to prepare an accurate valuation and negotiate an acceptableand fair price with the Landlord (You can use your own valuer)


  • Prepare a notice of claim (s13 Leasehold Reform Housing and Urban Development Act 1993)


  • Arrange service of the notice of claim on the Landlord and any other relevant party


  • Copy the Landlord’s Counter notice to you and your valuer


  • Upon agreement of terms, recommend a specialist collective enfranchisement solicitor or licenced conveyancer to complete the legal formalities and register your purchase at the Land Registry (You can use your own lawyer)


  • Keep under review the statutory time limited


  • Keep you informed of developments