Collective enfranchisement—the initial (section 13) notice

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

  • Collective enfranchisement—the initial (section 13) notice
  • The notice
  • Details of the property
  • Price proposed
  • Original not copy
  • Protection by registration
  • Subsequent notices
  • Effect of notice on subsequent transactions
  • Freehold in different ownerships
  • Change of freehold ownership
  • More...

Collective enfranchisement—the initial (section 13) notice

The initial notice served under Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), s 13 (initial notice) triggers the statutory procedures for acquiring the freehold. From the date it is served on the landlord, the participating tenants are jointly and individually liable for the landlord's costs. An incomplete notice can be rejected as invalid. It is possible for an invalid notice to be replaced with a corrected notice, though that necessarily involves additional time and expense.

The notice

The initial notice must include:

  1. details of the property to be acquired, including a plan: this must include details of any additional land the tenants wish and have a right to acquire (eg garages), and any proposed rights of way over land not acquired

  2. a statement showing that the premises qualify for the right of collective enfranchisement on the relevant date

  3. details of any leasehold interests to be acquired (eg an intervening head lease, and any flats subject to mandatory leaseback to the freeholder)—in Wiggins, the Court of Appeal held that an initial notice could not be amended to include intermediate leasehold interests granted after it was served

  4. the price proposed, including a price for any intermediate interests

  5. the full names and addresses of all the qualifying tenants in the property and sufficient details of their leases

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