Collective Enfranchisement in Six Steps

Collective Enfranchisement in Six Steps

Collective Enfranchisement in Six Steps

Collective enfranchisement, leasehold enfranchisement or purchasing the freehold interest are all legal terms for the same process. The process of you and your fellow tenants buying the rights in your building can seem quite a lot of hassle and daunting. Below is a basic guide as to the major steps in the collective enfranchisement process and there is also a checklist to help you make sure you have followed the process correctly.1) You need to make sure you are eligible to purchase the freehold. If your building only contains two flats then both tenants must be in agreement. If you live in a multi-occupancy building, then 50% of tenants need to be on board. You also all need to have leases that were originally for 21 years or longer.2) You need to decide how you are going to approach the current landlord or freeholder to assert your right to collective enfranchisement. This will generally involve appointing a nominee purchaser to act on your behalf, most commonly done through the formation of a private limited company (Plc) created by the tenants involved in the purchase.3) Do you have all the information needed for your Initial Notice? This is the first thing you have to serve your current freeholder with and you need to make sure it's robust to minimise the chance of rejection.4) Do you have enough funds to cover the costs of the freehold and all the associated costs involved in leasehold enfranchisement? It is difficult to provide estimations on what freehold's cost as it varies a lot in different cases. A specialist enfranchisement solicitor, however will give you a good idea of the legal costs or you will need a specialist surveyor to value the freehold itself. You should also be aware that you're liable for the landlord's costs of the purchase.5) Do you know what to do if the landlord rejects your claim with their counter-notice? They generally have to respond to you within two months to either accept or reject your right to purchase the freehold. If they reject it, you then have two months to appeal the decision in a county court. If the matter can't be settled in a county court, the judge might refer it to the Leasehold Valuation Tribunal, who are authorised to make decisions about collective enfranchisement.6) Do you have the skills and time needed to manage the freehold and the building once you've bought it? Once you purchase the freehold, the management of the building passes normally to the Plc formed by the tenants, so you need to be sure that this is something you could handle.This is by no means an exhaustive exploration of leasehold enfranchise and, but hopefully it will give you an idea of the key issues surrounding it and act as a useful guide when you're looking to make an application. One thing you should be aware of is that collective enfranchisement is a difficult area of the law and many everyday solicitors will not know much about it and surveyors do not always understand it. Due to this it is crucial that you have a specialist solicitor and valuer on side to offer you advise.

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