Collective enfranchisement—deducing title and rights of access

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

  • Collective enfranchisement—deducing title and rights of access

Collective enfranchisement—deducing title and rights of access

Landlord’s right to require evidence of tenants’ right to participate

Following receipt of a section 13 notice (an 'initial notice'), the landlord should ensure that the tenants exercising their right to acquire the freehold have the ability to do so. Section 20(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gives the landlord the power to require the nominee purchaser to deduce title to each lease held by a participating qualifying tenant. The landlord may make such a request within 21 days of the date on which the initial notice is given (the 'relevant date').

The nominee purchaser must deduce title within 21 days of the date of the landlord's request. This period cannot be extended. There is no prescribed form of notice for requesting title and it is usually done in the form of a letter. Where:

  1. the nominee purchaser fails to deduce title in respect of any participating qualifying tenant within the 21-day period and

  2. the initial notice would have been invalid for want of sufficient participating qualifying tenants had that qualifying tenant (along with any other qualifying tenant in relation

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