Enfranchisement in mixed use schemes

Enfranchisement in mixed use schemes guidance:

Any lawful subtenant may acquire the freehold or an extended lease of a house under Leasehold Reform Act 1967 (LRA 1967), Sch 1, regardless of the number of intermediate...

Practice Note

The right provided by the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993) is for the enforced sale of the freehold of the building, to the nominee...

Practice Note

Subject to various qualifying criteria, tenants who hold long leases of flats have a collective right under section 1 of the Leasehold Reform, Housing and Urban...

Practice Note

Why is structuring a mixed use scheme important? Mixed use developments are schemes which comprise one or more buildings used for commercial, retail and/or industrial use...

Practice Note

Compulsory acquisition of landlord's interest An acquisition order under Part III of the Landlord and Tenant Act 1987 (LTA 1987), entitles certain long leasehold tenants...

Practice Note

Leasehold Reform Act 1967 (LRA 1967) and Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gave long leasehold tenants an individual and collective...

Practice Note

Mandatory and optional leasebacks The nature of the collective right of enfranchisement is such that it may be exercised in relation to premises where: • there are flats...

Practice Note

Under section 1(2) of the Landlord and Tenant Act 1987 (LTA 1987), certain long leasehold tenants of flats have a right of pre-emption if their landlord intends to...

Practice Note

For LTA 1987 to apply there must be premises: • which constitute the whole or part of a building • which are used 100% for residential purposes or (where use is mixed...

Practice Note

The Landlord and Tenant Act 1987 (LTA 1987), Part I gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if...

Practice Note

To qualify as a flat, the property must be: • separate (eg do not share a kitchen or a bathroom, but may share common entrances and corridors in the building) • divided...

Practice Note

It is necessary to consider which are qualifying tenants because: • for the Landlord and Tenant Act 1987 (LTA 1987) to apply, more than 50% of the total number of flats...

Practice Note

Where a landlord admits, or fails properly to dispute, the right of a qualifying tenant to acquire a new lease, the landlord is bound to grant, and the tenant is bound to...

Practice Note

Absentee landlord If a tenant wishes to acquire the freehold but cannot trace the landlord, he can ask the court to deem that the tenant’s notice of claim has been duly...

Practice Note

The Housing and Regeneration Act 2008 amended the Leasehold Reform Act 1967 to give power to the Secretary of State to designate any area in England as a protected area....

Practice Note

The tenant of a house which is held under a long lease has the right to acquire the freehold or an extended lease of the house and premises under Leasehold Reform Act...

Practice Note

STOP PRESS: On 14 December 2017 the Law Commission announced its 13th Programme of Law Reform. The areas chosen for review include the increased regulation of managing...

Practice Note

A tenant who holds a long lease of a flat has a statutory right (subject to compliance with statutory qualifying criteria) to a 90–year extension of the lease, for which...

Practice Note

The right A tenant of a long leasehold house and any attendant premises (eg a garden, garage, yard etc) has a statutory right (subject to compliance with certain...

Practice Note

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...

Practice Note

Under Part 2 of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002), long leaseholders of flats in mainly residential buildings (subject to certain exceptions) have...

Practice Note

Before enactment of Landlord and Tenant Act 1987, Part II (LTA 1987) the court had always possessed a broad jurisdiction to appoint a receiver to take over the management...

Practice Note

The RTM company The right to manage can only be acquired and subsequently exercised by a right to manage company (RTM company). This must be a private company limited by...

Practice Note

Under Commonhold and Leasehold Reform Act 2002, s 71 (CLRA 2002), tenants can claim the right to manage the premises which contain their flats. To qualify, the premises...

Practice Note