Q&As

Can an individual who is tenant of both the two flats in a building exercise the right to enfranchise to purchase the freehold?

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Published on LexisPSL on 28/03/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Can an individual who is tenant of both the two flats in a building exercise the right to enfranchise to purchase the freehold?

Can an individual who is tenant of both the two flats in a building exercise the right to enfranchise to purchase the freehold?

Tenants who meet the criteria set out in Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) can require the landlord to sell the freehold of the building to the 'nominee purchaser' of a group of leaseholders of the flats (representing at least half of the flats in the building).

There are various requirements which must be complied with. The building must comprise at least two flats, as is the case here, and at least two thirds must be let to qualifying tenants. In addition, the minimum number of qualifying tenants must equal half the total number of flats in the building (in this case, one). If there are only two flats both must be held by qualifying tenants.

A

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