Q&As

In a block comprising two flats both owned by the same joint tenants, do the joint tenants have the right to collectively enfranchise under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) or are they precluded from doing so by LRHUDA 1993, s 5(5) that states that where the tenant holds more than two flats in the building they are precluded from being a qualifying tenant of more than one?

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Produced in partnership with Carl Fain of Tanfield Chambers
Published on LexisPSL on 23/01/2019

The following Property Q&A produced in partnership with Carl Fain of Tanfield Chambers provides comprehensive and up to date legal information covering:

  • In a block comprising two flats both owned by the same joint tenants, do the joint tenants have the right to collectively enfranchise under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) or are they precluded from doing so by LRHUDA 1993, s 5(5) that states that where the tenant holds more than two flats in the building they are precluded from being a qualifying tenant of more than one?

Yes. Assuming the block only contains those two flats or a maximum of three flats, the joint tenants do have the right to collectively enfranchise. Section 5(5) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) will not preclude them because it only applies where a person is a qualifying tenant of at least three flats. Here, the joint tenants are q

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