Q&As

If a freeholder of a block of flats exchanges contracts for the sale of the freehold, can the tenants still exercise their statutory right to collectively enfranchise? If so, is the contract frustrated and is the freeholder entitled to damages?

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Published on LexisPSL on 11/09/2019

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

  • If a freeholder of a block of flats exchanges contracts for the sale of the freehold, can the tenants still exercise their statutory right to collectively enfranchise? If so, is the contract frustrated and is the freeholder entitled to damages?

If a freeholder of a block of flats exchanges contracts for the sale of the freehold, can the tenants still exercise their statutory right to collectively enfranchise? If so, is the contract frustrated and is the freeholder entitled to damages?

If the notice has been served prior to exchange, and it is not protected by registration, the freehold can be transferred and the buyer is not bound by the notice; see section 97(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). Once the notice is registered,

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