Q&As

Is it up to an estate land owner as to whether or not it enforces the estate management scheme or particular elements of an estate management scheme? May it choose to waive certain provisions for certain properties if it wishes or apply the scheme at its discretion?

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Published on LexisPSL on 12/03/2018

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

  • Is it up to an estate land owner as to whether or not it enforces the estate management scheme or particular elements of an estate management scheme? May it choose to waive certain provisions for certain properties if it wishes or apply the scheme at its discretion?

Is it up to an estate land owner as to whether or not it enforces the estate management scheme or particular elements of an estate management scheme? May it choose to waive certain provisions for certain properties if it wishes or apply the scheme at its discretion?

The Leasehold Reform Act 1967 (LRA 1967) and the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gave long leasehold tenants an individual and collective right respectively to buy the freehold of their house or block of flats, as the case may be. In addition to conferring the collective right of enfranchisement, LRHUDA 1993 widened the number of houses which could be the subject of individual enfranchisement.

If the house or block of flats in question were the only property in the landlord’s portfolio, then this would not present any great problems for the landlord. However, potentially serious estate management issues might arise if the landlord were compelled under either LRA 1967 or LRHUDA 1993 to enter

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