The term Collective Enfranchisement refers to a process where qualifying tenants within a block of flats can buy their freehold from their landlord. But how do you know if you qualify for the process? In short, provided the block of flats qualifies, you have sufficient qualifying tenants participating in the claim and an exception does not apply, you’re good to go! Senior collective enfranchisement solicitor Callie Tuplin goes in to more detail about the qualifying factors for collective enfranchisement.
Does the building qualify?
The building will qualify for collective enfranchisement if:
To commence a claim, you must have at least 50% of the flats participating in the claim at the commencement, if you do, the landlord cannot object. It does not matter if you live at the property or not or whether it is owned by a company or individual.
Exceptions to the rule
However, there are some exceptions to this rule. Tenant’s do not have the right to acquire the freehold if one of the following exceptions applies:
There is also a resident landlord exemption where there is no right to collective enfranchisement, which are
If you and the building qualify, there are no exemptions that apply, and your fellow leasehold neighbours agree to participate and join the claim with you, then get that claim started.
Posted 15/01/2020 by:
Senior Lease Extension and Enfranchisement Solicitor
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