The right to enfranchise—houses
The right to enfranchise—houses

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

  • The right to enfranchise—houses
  • Leases which cannot be enfranchised
  • What is a house?
  • Long tenancy
  • Low rent
  • Rateable value
  • Ownership and residence
  • Business tenancies
  • Contracting-out
  • Non-statutory enfranchisement
  • more

A tenant of a long leasehold house and any attendant premises (eg a garden, garage, yard etc) who has owned the property for at least two years has a statutory right under the Leasehold Reform Act 1967 (LRA 1967) to acquire the freehold (and any intermediate leasehold interests).

The expression ‘tenant’ includes:

  1. a person who was the sole tenant for life under a tenancy which was settled land

  2. a person who was beneficially interested in any trust in whose trustees the tenancy was vested and who was entitled or permitted under the terms of that trust to occupy the house because of that interest

  3. the personal representatives of a deceased tenant who had acquired the right to enfranchise before their death (although the personal representatives cannot serve notice to enfranchise more than two years after the grant of probate or issue of letters of administration)

  4. a family member of a deceased tenant who was resident in the house and became the tenant of it under the same tenancy

However, tenants in insolvency situations should take care. In Keepers and Governors of the possessions, revenues and goods of the Free Grammar School of John Lyon v Helman, the Court of Appeal held that a notice served by receivers purportedly as agent for the tenant was invalid. The receivers’