Q&As

Where a house is converted into two flats and the leaseholders commenced collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993, reached the stage of agreeing terms and premium and intended to complete shortly, but one of the leaseholders (who had been acting via their power of attorney) has now died, is it possible to still complete the enfranchisement given that the statutory deadline is approaching, and if so what is the procedure for this?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 10/05/2019

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a house is converted into two flats and the leaseholders commenced collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993, reached the stage of agreeing terms and premium and intended to complete shortly, but one of the leaseholders (who had been acting via their power of attorney) has now died, is it possible to still complete the enfranchisement given that the statutory deadline is approaching, and if so what is the procedure for this?
  • Participating tenant dies before a binding contract is entered into pursuant to the initial notice
  • Participating tenant dies after a binding contract is entered into pursuant to the initial notice

Where a house is converted into two flats and the leaseholders commenced collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993, reached the stage of agreeing terms and premium and intended to complete shortly, but one of the leaseholders (who had been acting via their power of attorney) has now died, is it possible to still complete the enfranchisement given that the statutory deadline is approaching, and if so what is the procedure for this?

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) enables qualifying leaseholders collectively to enfranchise and acquire the freehold of the building within which their flats are comprised. There are various formalities and qualification requirements which appear to have been complied within this scenario.

LRHUDA 1993, s 13 provides for the right to claim collective enfranchisement by way of a notice (section 13 notice). Among other things, the notice must state who is to be the nominee purchaser. This may be the two

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