Exercising the collective right to enfranchise—applications to the court or tribunal
Exercising the collective right to enfranchise—applications to the court or tribunal

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

  • Exercising the collective right to enfranchise—applications to the court or tribunal
  • Validity of initial notice
  • Landlord’s intention to redevelop
  • Terms in dispute or failure to enter contract
  • Reversioner fails to give counter-notice or further counter-notice
  • Relevant landlord cannot be found

Validity of initial notice

If the reversioner disputes the right of the participating tenants to serve an initial notice, that dispute can be referred to the county court for a declaration of right. The nominee purchaser must apply (under CPR Part 8) within two months of the date of service of the reversioner’s counter-notice. If the nominee purchaser is successful in its application, the court must declare that the counter-notice is of no effect and must order the reversioner to give a further counter-notice to the nominee, unless an application relating to redevelopment (see: Landlord’s intention to redevelop) is pending. If the nominee purchaser’s application is dismissed, the initial notice ceases to have effect when that order becomes final.

Landlord’s intention to redevelop

If the reversioner’s counter-notice states that a landlord intends to redevelop the whole or a substantial part of the premises, the relevant landlord(s) can apply (under CPR Part 8) to the county court for a declaration that the right to collective enfranchisement is not exercisable in relation to those premises on that account.

The application must be made within two months of the date of service of the counter-notice. If the reversioner is not the applicant (or one of them), a copy of the application must be served on the reversioner, who must be notified