Q&As

Is it possible for qualifying tenants of a development which consists of a block of flats plus four houses, all subject to identical long leases, to exercise the right to collective enfranchisement? Or would the option only be open to the tenants in the block of flats?

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Produced in partnership with Shabnam Ali-Khan of Russell-Cooke
Published on LexisPSL on 19/08/2019

The following Property Q&A produced in partnership with Shabnam Ali-Khan of Russell-Cooke provides comprehensive and up to date legal information covering:

  • Is it possible for qualifying tenants of a development which consists of a block of flats plus four houses, all subject to identical long leases, to exercise the right to collective enfranchisement? Or would the option only be open to the tenants in the block of flats?

Is it possible for qualifying tenants of a development which consists of a block of flats plus four houses, all subject to identical long leases, to exercise the right to collective enfranchisement? Or would the option only be open to the tenants in the block of flats?

Under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), subject to various qualifying criteria, tenants who hold long leases of flats have a collective right to buy the freehold (and any intermediate leasehold interests) of the building containing those flats together with any common areas (eg gardens, car parks, etc). The process is commonly referred to as collective enfranchisement.

In order to qualify under LRHUDA 1993, various criteria must be met. Broadly, these are that:

  1. the building must be self-contained or part of a building

  2. no more than 25% of the internal floor area of the building (excluding common parts) is to be in non-residential use. This could include

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