Procedure for acquiring a new lease—flats (Preliminary notices and the tenant's notice of claim)
Procedure for acquiring a new lease—flats (Preliminary notices and the tenant's notice of claim)

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Procedure for acquiring a new lease—flats (Preliminary notices and the tenant's notice of claim)
  • Preliminary notices
  • The tenant's notice of claim
  • Effect of valid notice

(Preliminary notices and the tenant’s notice of claim)

Preliminary notices

A tenant who wishes to acquire a new long lease of their flat is entitled to serve preliminary notices on their immediate landlord, or on the person who collects the rent on behalf of the landlord, to enable them to identify:

  1. the person who is the competent landlord (ie the person who holds a sufficient interest in the premises to be able to grant the tenant a new lease for 90 years plus the residue of the existing lease)

  2. any intermediate landlords

Unless otherwise stated in the preliminary notice, a recipient must reply within 28 days. Although a failure to do so could be met by an application for a mandatory injunction to the court or by the service of a 14-day default notice (followed, if necessary by an application to the court for an order to make good the default), it may well be that the required information can more easily (and more quickly) be obtained by a search at HM Land Registry (which will even reveal the collective enfranchisement information if the claim has been registered as a unilateral notice).

So that the qualifying tenant can then be kept up-to-date with subsequent dealings with the freehold interest, that person must also notify