Leasehold enfranchisement—residential focus

Leasehold enfranchisement—residential focus 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 Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) sets down the elements of the freeholder’s costs that can be recovered from the tenant in a...

Practice Note

Landlord’s right to require evidence of tenants’ right to participate Following receipt of a section 13 notice (an 'initial notice'), the landlord should ensure that the...

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

Marriage value and hope value ‘Marriage value’ is the increase in value that occurs where a tenant acquires the freehold, as a result of which the full value of the...

Practice Note

The need for co-operation Collective enfranchisement involves strict time limits and requires all participating tenants to co-operate. Every participant must provide a...

Practice Note

The landlord must serve their counter-notice by the date specified in the initial notice. The counter-notice must: • admit the participating tenants' right to acquire the...

Practice Note

The initial notice served under Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), s 13 triggers the statutory procedures for acquiring the freehold....

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

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

Validity of initial notice If the reversioner disputes the right of the participating tenants to serve an initial notice, that dispute can be referred to the county court...

Practice Note

Participating tenants Under section 14(2) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), if a participating tenant assigns their lease to...

Practice Note

Need for binding contract Although the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) treats the reversioner and the nominee purchaser in some...

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

Notice of tenant’s claim A tenant wishing to claim the freehold or an extended lease of their house under the Leasehold Reform Act 1967 (LRA 1967) must serve a claim...

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

Time limits and delays The time limits for the various stages of the Landlord and Tenant Act 1987 (LTA 1987) procedures can seriously delay the disposal of a property...

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

Following receipt of a s 42 notice a landlord should: • investigate whether the claim is valid, and • determine the premium that can be obtained for the lease extension...

Practice Note

The amount of the premium to be paid by the tenant for the grant of a new lease under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) is by far...

Practice Note

The landlord's counter-notice—time-limits and content The landlord must serve its counter-notice (also known as a s 45 notice) by the date specified in the tenant’s...

Practice Note

A tenant (individual or corporate body) who holds a long lease of a flat and owned it for a continuous period of two years may serve a notice (a section 42 notice) on...

Practice Note

A statutory lease extension may involve both a freeholder and one or more intermediate landlords. An index map search or a search through one of the National Land...

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

A landlord may be able to resist a tenant's claim to the freehold or an extended lease of a house under the Leasehold Reform Act 1967 (LRA 1967) where the landlord...

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