Q&As

In respect of a collective enfranchisement notice: if the notice accurately describes the property, but refers to a plan that is not annexed to the notice, is the claim invalidated or will it be saved by the description of the property? And the notice does not refer to appurtenant property, areas that the tenant is entitled to use in common with others (eg communal hallways, a shared front garden, etc) or the loft space (which is not included within the lease demises). Can these areas be excluded from the freehold sale?

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Published on LexisPSL on 05/01/2018

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

  • In respect of a collective enfranchisement notice: if the notice accurately describes the property, but refers to a plan that is not annexed to the notice, is the claim invalidated or will it be saved by the description of the property? And the notice does not refer to appurtenant property, areas that the tenant is entitled to use in common with others (eg communal hallways, a shared front garden, etc) or the loft space (which is not included within the lease demises). Can these areas be excluded from the freehold sale?
  • Enfranchisement notice—plan
  • Enfranchisement notice—included areas
  • Requirement
  • Rectification

In respect of a collective enfranchisement notice: if the notice accurately describes the property, but refers to a plan that is not annexed to the notice, is the claim invalidated or will it be saved by the description of the property? And the notice does not refer to appurtenant property, areas that the tenant is entitled to use in common with others (eg communal hallways, a shared front garden, etc) or the loft space (which is not included within the lease demises). Can these areas be excluded from the freehold sale?

The initial section 13 collective enfranchisement notice (section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993)) triggers the statutory procedures for acquiring the freehold and 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 should be noted that an invalid notice can be replaced with a corrected notice, though that necessarily involves additional time and expense; see Sinclair Gardens Investments v Poets Chase.

Enfranchisement notice—plan

LRHUDA 1993, s 13 stipulates the requirements for a valid initial notice. This includes details of the property to be acquired, including a plan (LRHUDA 1993, s 13(3)):

‘(3) The initial notice must—

(a) specify and be accompanied by a plan showing—

(i) the premises of which the

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