Q&As

When extending a lease of a residential flat in a building where the ground floor comprises a commercial shop and there are no other flats within the building, is there a right to collectively enfranchise, or any other enfranchisement issues to be aware of?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 08 September 2016
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Collective enfranchisement is the term used to describe the right of tenants of certain long leases to acquire the freehold of their building on a collective basis. In order be a qualifying tenant, the tenant must have a lease of over 21 years and the lease cannot be a business lease under Part II of the Landlord and Tenant Act 1954 (LTA 1954). If the building contains non-residential parts let to business tenants, those tenants cannot participate in the collective enfranchisement. See Practice Notes: Guide to the right to collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 and Quick guide to time limits for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993.

Certain buildings are excluded from the right to collective enfranchisement,

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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