Under the law, many residential property leaseholders have the right to compel their landlord, their building’s primary owner, to sell them the freehold.
If you live in a block of flats, you and your fellow flat-owners can group together and buy out the freeholder through a process known as collective enfranchisement; if you are a leasehold house-owner you have a similar right to buy your home’s freehold from the current owner who, because they own the land your house stands on, is effectively your landlord.
What is collective enfranchisement?
Collective enfranchisement gives property ownership to a group of lessees, giving them the collective right to control the management and maintenance of their building as a whole.
To be eligible, leasehold flat owners must meet certain criteria and it is advisable for each participant to be well-prepared in advance, with adequate funding at the ready, to avoid unnecessary delay as your case progresses.
Whilst your collective rights as leaseholders are clear, the legal process is necessarily detailed and can be complex, especially when multiple interested parties are involved, and in most cases there will be a requirement to set up a Rights to Enfranchise company as the legal entity to administer your ownership. Our specialist commercial property lawyers are experienced in this field and will handle your case with the utmost care and personal attention.
Without up-to-date and relevant professional expertise and an in-depth knowledge of property law, many collective enfranchisement proposals fail, so it is essential to have experienced solicitors on your side, safeguarding your interests throughout the process and protecting your home and your property assets.
What is individual enfranchisement?
Just as a group of leasehold flat owners may have a collective right to own their building and the land on which it stands, if as a leasehold house owner you want to own your property outright, you can apply to buy your home’s freehold.
In some cases, your first step will be informal: if your landlord is willing, it may simply be a matter of negotiating terms and coming to a legally-binding agreement.
More usually, you will need to follow a standard procedure set down in law that protects the interests both of the original freehold owner and of the property leaseholder. In order to qualify, you must have more than 21 years remaining on your lease and have been the leaseholder for at least two years.
A professional property valuer will determine how much your freehold will cost; if a figure cannot be agreed, the price will be decided by a Leasehold Valuation Tribunal.
Where do I start?
If you are considering pursuing collective or individual enfranchisement, speak to us first.
Leasehold law governing enfranchisement is very specific and triggering the official process brings immediate cost obligations, so it is important to consult a professional property lawyer at the earliest opportunity in order to understand the full implications of your position before taking any action.
As expert residential conveyancing specialists, we have many years’ experience dealing with all manner of legal issues relating to freehold and leasehold property ownership. Our friendly team can offer knowledgeable and reliable advice and second-to-none service that focusses on your specific needs and individual circumstance.
Our residential and commercial property law professionals will ensure your enfranchisement action has the greatest chance of success and, because we know the value of clear communication, we will use plain English to keep you up-to-date with how your case is progressing throughout the process.
For more information and guidance on how much your collective or individual enfranchisement might cost, call us on 01243 786668, email the property team at info@georgeide.co.uk or contact us directly using the details shown.
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For further information about any of our services or to book a no-obligation consultation, call us on 01243 786668 or email directly at info@georgeide.co.uk.
Client Testimonials
Nick, Sally, Maddie & Lara, I just wanted to thank you for the excellent service that you all provided in the recent sale and purchase of our home. You made a stressful process a great deal easier, with your prompt responses, ready availability and sound advice. We are very grateful and would recommend you to others. I will complete your feedback form, but just wanted to email my thanks to you directly. Best regards
Richard Clay
Nicholas Smith
Nick was at the very top of his game (again). If there is a better lawyer out there, I’ve yet to meet him. A giant amongst men. Respect.
Pete Cunningham
Nicholas Smith
Thank you so much Nicholas for the brilliant service you have given is throughout the selling and buying of our properties. You, and Maddie, have been exceptional.
Mr and Mrs Holder
Nicholas Smith
Nicholas Smith was highly professional, focused and responsive. He worked to a very tight timetable to
complete the purchase of our house and I would strongly recommend him to prospective clients
Robert & Nathalie Forman
Nicholas Smith
It is hard to improve on an existing, excellent service and I have no suggestions to make. I will definitely recommend you and would use your services again.
Mr. Philip Oliver
Nicholas Smith
An outstanding week – thanks for the speed and efficiency on the two deals you’ve acted on. I just wish all solicitors were as proactive as you.
It doesn’t get much better than this.
Mr C
Nicholas Smith
Nick, Maddie and Sally were absolutely brilliant. Very approachable, efficient and worked very hard to get our matter completed very quickly. Will definitely recommend to friends/family. Thank you to all so much again.
Jonathan Kerr Crow
Nicholas Smith
We just wanted to take the time as well to say a personal thanks to the pair of you for your excellent service and support during our move. We had used you before but, like many people, we were tempted to go this time with one of the low cost on line conveyancing quotes we received. Had we done so we are now sure we would have regretted it as we feel that the exemplary service we got from yourselves was true value for money. In particular, towards the end of the process when we had to deal with a very demanding buyer for our house we felt very well supported by you not just in the technical elements of your service but also in the responsiveness and personal support we received. We have heard numerous stories from friends and colleagues of how they have struggled with conveyancing services during property transactions and have enjoyed telling people what a positive experience we had with George Ide.
Jeremy & Nicky Mills
Nicholas Smith
You have been a pleasure to deal with and have been so competent, patient, organised and professional. I still cannot believe how stress-free the whole procedure was with you. In stark contrast, I completed today on my house in N Ireland after five (!) months of legal wrangling. I am delighted with the house and, although still surrounded by packing boxes, am making progress. Once again. Thank you for all you did. Kind regards,
Elaine Young
Nicholas Smith
A friendly, helpful and competent service close to home and we felt welcome, relaxed and confident in their hands. Thank you all.
Egon & Pamela Frey
Nicholas Smith
We want to say a very big thank you to both of you for all your help in our house moves. We have been very impressed with your highly efficient, no fuss approach to the conveyancing. It has made the whole process so much easier for us and we would have no hesitation recommending your services to others.
Best wishes and thank you once again.
Tony &Joanne Heys
Nicholas Smith
Nick was always very quick to respond to any queries and made the whole process a lot less stressful, especially as it was my first property purchase. Guidance documentation was very helpful too. I can’t fault the service.
Teresa Durrant
Nicholas Smith
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