Claims by subtenants to acquire the freehold or an extended lease
Claims by subtenants to acquire the freehold or an extended lease

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Claims by subtenants to acquire the freehold or an extended lease
  • Enfranchisement
  • Extended lease
  • Example
  • Crown Land

Any lawful subtenant may acquire the freehold or an extended lease of a house under Leasehold Reform Act 1967 (LRA 1967), Sch 1, regardless of the number of intermediate tenancies (including reversionary tenancies) which lie between the subtenant and the freeholder, by serving notice of claim on any person who has a superior interest to his own in the house and premises and a copy of that notice on any other person whom he knows or believes to have a superior interest. However, a subtenant who already owns the freehold cannot invoke the Act to acquire an intermediate tenancy.

The acquisition procedure which arises out of the service of the subtenant’s notice is conducted between the subtenant and the person who has a tenancy carrying an expectation of possession of 30 years or more (the reversioner). The reversioner acts on behalf of everyone who has a superior or reversionary interest to that of the subtenant, including anyone who cannot be found or whose identity cannot be ascertained. If more than one of those other landlords qualifies as the reversioner, preference is given to the person who has the earlier expectation of possession. In the absence of any qualifying person with a leasehold interest, the freehold owner will be the reversioner. The court may appoint some other person to be the reversioner or